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1 | AN ACT concerning firearms.
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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 Firearm Owners Identification Card Act is | ||||||||||||||||||||||||||
5 | amended by changing Section 8 as follows:
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6 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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7 | Sec. 8. Grounds for denial and revocation. The Department | ||||||||||||||||||||||||||
8 | of State Police has authority to deny an
application for or to | ||||||||||||||||||||||||||
9 | revoke and seize a Firearm Owner's Identification
Card | ||||||||||||||||||||||||||
10 | previously issued under this Act only if the Department finds | ||||||||||||||||||||||||||
11 | that the
applicant or the person to whom such card was issued | ||||||||||||||||||||||||||
12 | is or was at the time
of issuance:
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13 | (a) A person under 21 years of age who has been | ||||||||||||||||||||||||||
14 | convicted of a
misdemeanor other than a traffic offense or | ||||||||||||||||||||||||||
15 | adjudged delinquent;
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16 | (b) A person under 21 years of age who does not have | ||||||||||||||||||||||||||
17 | the written consent
of his parent or guardian to acquire | ||||||||||||||||||||||||||
18 | and possess firearms and firearm
ammunition, or whose | ||||||||||||||||||||||||||
19 | parent or guardian has revoked such written consent,
or | ||||||||||||||||||||||||||
20 | where such parent or guardian does not qualify to have a | ||||||||||||||||||||||||||
21 | Firearm Owner's
Identification Card;
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22 | (c) A person convicted of a felony under the laws of | ||||||||||||||||||||||||||
23 | this or any other
jurisdiction;
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1 | (d) A person addicted to narcotics;
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2 | (e) A person who has been a patient of a mental health | ||||||
3 | facility within the
past 5 years or a person who has been a | ||||||
4 | patient in a mental health facility more than 5 years ago | ||||||
5 | who has not received the certification required under | ||||||
6 | subsection (u) of this Section. An active law enforcement | ||||||
7 | officer employed by a unit of government who is denied, | ||||||
8 | revoked, or has his or her Firearm Owner's Identification | ||||||
9 | Card seized under this subsection (e) may obtain relief as | ||||||
10 | described in subsection (c-5) of Section 10 of this Act if | ||||||
11 | the officer did not act in a manner threatening to the | ||||||
12 | officer, another person, or the public as determined by the | ||||||
13 | treating clinical psychologist or physician, and the | ||||||
14 | officer seeks mental health treatment;
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15 | (f) A person whose mental condition is of such a nature | ||||||
16 | that it poses
a clear and present danger to the applicant, | ||||||
17 | any other person or persons or
the community;
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18 | (g) A person who has an intellectual disability;
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19 | (h) A person who intentionally makes a false statement | ||||||
20 | in the Firearm
Owner's Identification Card application;
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21 | (i) An alien who is unlawfully present in
the United | ||||||
22 | States under the laws of the United States;
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23 | (i-5) An alien who has been admitted to the United | ||||||
24 | States under a
non-immigrant visa (as that term is defined | ||||||
25 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
26 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
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1 | (i-5) does not apply to any alien who has been lawfully | ||||||
2 | admitted to
the United States under a non-immigrant visa if | ||||||
3 | that alien is:
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4 | (1) admitted to the United States for lawful | ||||||
5 | hunting or sporting purposes;
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6 | (2) an official representative of a foreign | ||||||
7 | government who is:
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8 | (A) accredited to the United States Government | ||||||
9 | or the Government's
mission to an international | ||||||
10 | organization having its headquarters in the United
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11 | States; or
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12 | (B) en route to or from another country to | ||||||
13 | which that alien is
accredited;
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14 | (3) an official of a foreign government or | ||||||
15 | distinguished foreign visitor
who has been so | ||||||
16 | designated by the Department of State;
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17 | (4) a foreign law enforcement officer of a friendly | ||||||
18 | foreign government
entering the United States on | ||||||
19 | official business; or
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20 | (5) one who has received a waiver from the Attorney | ||||||
21 | General of the United
States pursuant to 18 U.S.C. | ||||||
22 | 922(y)(3);
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23 | (j) (Blank);
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24 | (k) A person who has been convicted within the past 5 | ||||||
25 | years of battery,
assault, aggravated assault, violation | ||||||
26 | of an order of protection, or a
substantially similar |
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1 | offense in another jurisdiction, in which a firearm was
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2 | used or possessed;
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3 | (l) A person who has been convicted of domestic | ||||||
4 | battery, aggravated domestic battery, or a substantially
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5 | similar offense in another jurisdiction committed before, | ||||||
6 | on or after January 1, 2012 (the effective date of Public | ||||||
7 | Act 97-158). If the applicant or person who has been | ||||||
8 | previously issued a Firearm Owner's Identification Card | ||||||
9 | under this Act knowingly and intelligently waives the right | ||||||
10 | to have an offense described in this paragraph (l) tried by | ||||||
11 | a jury, and by guilty plea or otherwise, results in a | ||||||
12 | conviction for an offense in which a domestic relationship | ||||||
13 | is not a required element of the offense but in which a | ||||||
14 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
15 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
16 | Procedure of 1963, an entry by the court of a judgment of | ||||||
17 | conviction for that offense shall be grounds for denying an | ||||||
18 | application for and for revoking and seizing a Firearm | ||||||
19 | Owner's Identification Card previously issued to the | ||||||
20 | person under this Act;
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21 | (m) (Blank);
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22 | (n) A person who is prohibited from acquiring or | ||||||
23 | possessing
firearms or firearm ammunition by any Illinois | ||||||
24 | State statute or by federal
law;
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25 | (o) A minor subject to a petition filed under Section | ||||||
26 | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
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1 | minor is a delinquent minor for
the commission of an | ||||||
2 | offense that if committed by an adult would be a felony;
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3 | (p) An adult who had been adjudicated a delinquent | ||||||
4 | minor under the Juvenile
Court Act of 1987 for the | ||||||
5 | commission of an offense that if committed by an
adult | ||||||
6 | would be a felony;
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7 | (q) A person who is not a resident of the State of | ||||||
8 | Illinois, except as provided in subsection (a-10) of | ||||||
9 | Section 4; | ||||||
10 | (r) A person who has been adjudicated as a person with | ||||||
11 | a mental disability; | ||||||
12 | (s) A person who has been found to have a developmental | ||||||
13 | disability; | ||||||
14 | (t) A person involuntarily admitted into a mental | ||||||
15 | health facility; or | ||||||
16 | (u) A person who has had his or her Firearm Owner's | ||||||
17 | Identification Card revoked or denied under subsection (e) | ||||||
18 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
19 | (a) of Section 4 of this Act because he or she was a | ||||||
20 | patient in a mental health facility as provided in | ||||||
21 | subsection (e) of this Section, shall not be permitted to | ||||||
22 | obtain a Firearm Owner's Identification Card, after the | ||||||
23 | 5-year period has lapsed, unless he or she has received a | ||||||
24 | mental health evaluation by a physician, clinical | ||||||
25 | psychologist, or qualified examiner as those terms are | ||||||
26 | defined in the Mental Health and Developmental |
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1 | Disabilities Code, and has received a certification that he | ||||||
2 | or she is not a clear and present danger to himself, | ||||||
3 | herself, or others. The physician, clinical psychologist, | ||||||
4 | or qualified examiner making the certification and his or | ||||||
5 | her employer shall not be held criminally, civilly, or | ||||||
6 | professionally liable for making or not making the | ||||||
7 | certification required under this subsection, except for | ||||||
8 | willful or wanton misconduct. This subsection does not | ||||||
9 | apply to a person whose firearm possession rights have been | ||||||
10 | restored through administrative or judicial action under | ||||||
11 | Section 10 or 11 of this Act. | ||||||
12 | The Department of State Police shall revoke for one year | ||||||
13 | the Firearm Owner's Identification Card of a card holder who | ||||||
14 | reports to a local law enforcement agency his or her firearms | ||||||
15 | lost or stolen in 3 separate incidents within a 2-year period. | ||||||
16 | Any law enforcement agency that has knowledge that a card | ||||||
17 | holder has reported his or her firearms lost or stolen in 3 | ||||||
18 | separate incidents within a 2-year period shall forthwith | ||||||
19 | forward that information to the Department of State Police. In | ||||||
20 | this paragraph, an "incident" means an occasion in which the | ||||||
21 | card holder's firearm or firearms have been lost or stolen | ||||||
22 | regardless of the number of firearms lost or stolen in the | ||||||
23 | incident and the report of the loss or theft of the firearm or | ||||||
24 | firearms on one occasion shall be considered one incident. If a | ||||||
25 | law enforcement agency recovers a firearm that had been lost or | ||||||
26 | stolen and has not been previously reported as lost or stolen, |
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1 | the recovery of the firearm shall be considered an incident for | ||||||
2 | the purpose of this paragraph. | ||||||
3 | Upon revocation of a person's Firearm Owner's | ||||||
4 | Identification Card, the Department of State Police shall | ||||||
5 | provide notice to the person and the person shall comply with | ||||||
6 | Section 9.5 of this Act. | ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
8 | eff. 7-16-14; 99-143, eff. 7-27-15.)
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9 | Section 10. The Criminal Code of 2012 is amended by | ||||||
10 | changing Section 8-4 as follows:
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11 | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
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12 | Sec. 8-4. Attempt.
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13 | (a) Elements of the offense.
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14 | A person commits the offense of attempt when, with intent | ||||||
15 | to commit a specific
offense, he or she does any act that | ||||||
16 | constitutes a substantial step toward the
commission of that | ||||||
17 | offense.
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18 | (b) Impossibility.
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19 | It is not a defense to a charge of attempt that because of | ||||||
20 | a
misapprehension of the circumstances it would have been | ||||||
21 | impossible for
the accused to commit the offense attempted.
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22 | (c) Sentence.
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23 | A person convicted of attempt may be fined or imprisoned or | ||||||
24 | both
not to exceed the maximum provided for the offense |
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1 | attempted but, except
for an attempt to commit the offense | ||||||
2 | defined in Section 33A-2 of this Code:
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3 | (1) the sentence for attempt to commit first degree | ||||||
4 | murder is the
sentence for a Class X felony, except that
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5 | (A) an attempt to commit first
degree murder when | ||||||
6 | at least one of the aggravating factors specified in
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7 | paragraphs (1), (2), and (12) of subsection (b) of | ||||||
8 | Section 9-1 is present is
a Class X felony for which | ||||||
9 | the sentence shall be a term of imprisonment of
not | ||||||
10 | less than 20 years and not more than 80 years;
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11 | (B) an attempt to commit first degree murder while | ||||||
12 | armed with a
firearm is a Class X felony for which 15 | ||||||
13 | years shall be added to the term of
imprisonment | ||||||
14 | imposed by the court;
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15 | (C) an attempt to commit first degree murder during | ||||||
16 | which the person
personally discharged a firearm is a | ||||||
17 | Class X felony for which 20 years
shall be added to the | ||||||
18 | term of imprisonment imposed by the court;
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19 | (D) an attempt to commit first degree murder during | ||||||
20 | which the person
personally discharged a firearm that | ||||||
21 | proximately caused great bodily harm,
permanent | ||||||
22 | disability, permanent disfigurement, or death to
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23 | another person is a Class X felony for which 25 years | ||||||
24 | or up to a term of
natural life shall be added to the | ||||||
25 | term of imprisonment imposed by the court; and
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26 | (E) if the defendant proves by a preponderance of |
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1 | the evidence at sentencing that, at the time of the | ||||||
2 | attempted murder, he or she was acting under a sudden | ||||||
3 | and intense passion resulting from serious provocation | ||||||
4 | by the individual whom the defendant endeavored to | ||||||
5 | kill, or another, and, had the individual the defendant | ||||||
6 | endeavored to kill died, the defendant would have | ||||||
7 | negligently or accidentally caused that death, then | ||||||
8 | the sentence for the attempted murder is the sentence | ||||||
9 | for a Class 1 felony;
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10 | (2) the sentence for attempt to commit a Class X felony | ||||||
11 | is the sentence
for a Class 1 felony;
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12 | (3) the sentence for attempt to commit a Class 1 felony | ||||||
13 | is the sentence
for a Class 2 felony;
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14 | (4) the sentence for attempt to commit a Class 2 felony | ||||||
15 | is the sentence
for a Class 3 felony; and
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16 | (4.1) the sentence for attempt to commit a violation of | ||||||
17 | paragraph (1) of subsection (a) of Section 2 of the Firearm | ||||||
18 | Owners Identification Card Act by use of a revoked Firearm | ||||||
19 | Owner's Identification Card is a Class 4 felony; and
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20 | (5) the sentence for attempt to commit any felony other | ||||||
21 | than those
specified in items (1), (2), (3), and (4) , and | ||||||
22 | (4.1) of this subsection (c) is
the sentence for a Class A | ||||||
23 | misdemeanor.
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24 | (Source: P.A. 96-710, eff. 1-1-10.)
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