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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 Firearm Owners Identification Card Act is | |||||||||||||||||||||||
5 | amended by changing Sections 3.1 and 8 and by adding Section | |||||||||||||||||||||||
6 | 2.5 as follows: | |||||||||||||||||||||||
7 | (430 ILCS 65/2.5 new) | |||||||||||||||||||||||
8 | Sec. 2.5. Voluntary database; purchase of firearms. The | |||||||||||||||||||||||
9 | Department of State Police shall create and maintain a database | |||||||||||||||||||||||
10 | that a person can voluntarily apply to in order to be barred | |||||||||||||||||||||||
11 | from purchasing a firearm. The application shall be notarized | |||||||||||||||||||||||
12 | and submitted to the Department, in a form and manner | |||||||||||||||||||||||
13 | prescribed by the Department. The Department shall immediately | |||||||||||||||||||||||
14 | update the database upon receipt of each application. A person | |||||||||||||||||||||||
15 | shall remain on the database until he or she submits a | |||||||||||||||||||||||
16 | notarized withdrawal application to the Department, in a form | |||||||||||||||||||||||
17 | and manner prescribed by the Department. The withdrawal | |||||||||||||||||||||||
18 | application shall automatically be approved and become | |||||||||||||||||||||||
19 | effective 7 days after receipt by the Department. The | |||||||||||||||||||||||
20 | Department shall immediately update its database once an | |||||||||||||||||||||||
21 | application becomes effective and remove the person from the | |||||||||||||||||||||||
22 | database.
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1 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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2 | Sec. 3.1. Dial up system. | ||||||
3 | (a) The Department of State Police shall provide
a dial up | ||||||
4 | telephone system or utilize other existing technology which | ||||||
5 | shall be used by any federally licensed
firearm dealer, gun | ||||||
6 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
7 | stun gun, or taser under the provisions of this
Act. The | ||||||
8 | Department of State Police may utilize existing technology | ||||||
9 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
10 | Fees collected by the Department of
State Police shall be | ||||||
11 | deposited in the State Police Services Fund and used
to provide | ||||||
12 | the service.
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13 | (b) Upon receiving a request from a federally licensed | ||||||
14 | firearm dealer, gun show promoter, or gun show vendor, the
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15 | Department of State Police shall immediately approve, or within | ||||||
16 | the time
period established by Section 24-3 of the Criminal | ||||||
17 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
18 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
19 | show vendor of any objection that
would disqualify the | ||||||
20 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
21 | taser. In
conducting the inquiry, the Department of State | ||||||
22 | Police shall initiate and
complete an automated search of its | ||||||
23 | criminal history record information
files and those of the | ||||||
24 | Federal Bureau of Investigation, including the
National | ||||||
25 | Instant Criminal Background Check System, the Department of | ||||||
26 | State Police voluntary do not sell to database, and of the |
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1 | files of
the Department of Human Services relating to mental | ||||||
2 | health and
developmental disabilities to obtain
any felony | ||||||
3 | conviction or patient hospitalization information which would
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4 | disqualify a person from obtaining or require revocation of a | ||||||
5 | currently
valid Firearm Owner's Identification Card. | ||||||
6 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
7 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
8 | Department of State Police shall: | ||||||
9 | (1) assign a unique identification number to the | ||||||
10 | transfer; and | ||||||
11 | (2) provide the licensee, gun show promoter, or gun | ||||||
12 | show vendor with the number. | ||||||
13 | (d) Approvals issued by the Department of State Police for | ||||||
14 | the purchase of a firearm are valid for 30 days from the date | ||||||
15 | of issue.
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16 | (e) (1) The Department of State Police must act as the | ||||||
17 | Illinois Point of Contact
for the National Instant Criminal | ||||||
18 | Background Check System. | ||||||
19 | (2) The Department of State Police and the Department of | ||||||
20 | Human Services shall, in accordance with State and federal law | ||||||
21 | regarding confidentiality, enter into a memorandum of | ||||||
22 | understanding with the Federal Bureau of Investigation for the | ||||||
23 | purpose of implementing the National Instant Criminal | ||||||
24 | Background Check System in the State. The Department of State | ||||||
25 | Police shall report the name, date of birth, and physical | ||||||
26 | description of any person prohibited from possessing a firearm |
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1 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
2 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
3 | Background Check System Index, Denied Persons Files.
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4 | (3) The Department of State Police shall provide notice of | ||||||
5 | the disqualification of a person under subsection (b) of this | ||||||
6 | Section or the revocation of a person's Firearm Owner's | ||||||
7 | Identification Card under Section 8 or Section 8.2 of this Act, | ||||||
8 | and the reason for the disqualification or revocation, to all | ||||||
9 | law enforcement agencies with jurisdiction to assist with the | ||||||
10 | seizure of the person's Firearm Owner's Identification Card. | ||||||
11 | (f) The Department of State Police shall adopt rules not | ||||||
12 | inconsistent with this Section to implement this
system.
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13 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
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14 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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15 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
16 | of State Police has authority to deny an
application for or to | ||||||
17 | revoke and seize a Firearm Owner's Identification
Card | ||||||
18 | previously issued under this Act only if the Department finds | ||||||
19 | that the
applicant or the person to whom such card was issued | ||||||
20 | is or was at the time
of issuance:
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21 | (a) A person under 21 years of age who has been | ||||||
22 | convicted of a
misdemeanor other than a traffic offense or | ||||||
23 | adjudged delinquent;
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24 | (b) A person under 21 years of age who does not have | ||||||
25 | the written consent
of his parent or guardian to acquire |
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1 | and possess firearms and firearm
ammunition, or whose | ||||||
2 | parent or guardian has revoked such written consent,
or | ||||||
3 | where such parent or guardian does not qualify to have a | ||||||
4 | Firearm Owner's
Identification Card;
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5 | (c) A person convicted of a felony under the laws of | ||||||
6 | this or any other
jurisdiction;
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7 | (d) A person addicted to narcotics;
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8 | (e) A person who has been a patient of a mental health | ||||||
9 | facility within the
past 5 years or a person who has been a | ||||||
10 | patient in a mental health facility more than 5 years ago | ||||||
11 | who has not received the certification required under | ||||||
12 | subsection (u) of this Section. An active law enforcement | ||||||
13 | officer employed by a unit of government who is denied, | ||||||
14 | revoked, or has his or her Firearm Owner's Identification | ||||||
15 | Card seized under this subsection (e) may obtain relief as | ||||||
16 | described in subsection (c-5) of Section 10 of this Act if | ||||||
17 | the officer did not act in a manner threatening to the | ||||||
18 | officer, another person, or the public as determined by the | ||||||
19 | treating clinical psychologist or physician, and the | ||||||
20 | officer seeks mental health treatment;
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21 | (f) A person whose mental condition is of such a nature | ||||||
22 | that it poses
a clear and present danger to the applicant, | ||||||
23 | any other person or persons or
the community;
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24 | (g) A person who has an intellectual disability;
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25 | (h) A person who intentionally makes a false statement | ||||||
26 | in the Firearm
Owner's Identification Card application;
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1 | (h-5) A person who voluntarily registers on the | ||||||
2 | Department's voluntary do not sell to database; | ||||||
3 | (i) An alien who is unlawfully present in
the United | ||||||
4 | States under the laws of the United States;
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5 | (i-5) An alien who has been admitted to the United | ||||||
6 | States under a
non-immigrant visa (as that term is defined | ||||||
7 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
8 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
9 | (i-5) does not apply to any alien who has been lawfully | ||||||
10 | admitted to
the United States under a non-immigrant visa if | ||||||
11 | that alien is:
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12 | (1) admitted to the United States for lawful | ||||||
13 | hunting or sporting purposes;
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14 | (2) an official representative of a foreign | ||||||
15 | government who is:
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16 | (A) accredited to the United States Government | ||||||
17 | or the Government's
mission to an international | ||||||
18 | organization having its headquarters in the United
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19 | States; or
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20 | (B) en route to or from another country to | ||||||
21 | which that alien is
accredited;
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22 | (3) an official of a foreign government or | ||||||
23 | distinguished foreign visitor
who has been so | ||||||
24 | designated by the Department of State;
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25 | (4) a foreign law enforcement officer of a friendly | ||||||
26 | foreign government
entering the United States on |
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1 | official business; or
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2 | (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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5 | (j) (Blank);
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6 | (k) A person who has been convicted within the past 5 | ||||||
7 | years of battery,
assault, aggravated assault, violation | ||||||
8 | of an order of protection, or a
substantially similar | ||||||
9 | offense in another jurisdiction, in which a firearm was
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10 | used or possessed;
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11 | (l) A person who has been convicted of domestic | ||||||
12 | battery, aggravated domestic battery, or a substantially
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13 | similar offense in another jurisdiction committed before, | ||||||
14 | on or after January 1, 2012 (the effective date of Public | ||||||
15 | Act 97-158). If the applicant or person who has been | ||||||
16 | previously issued a Firearm Owner's Identification Card | ||||||
17 | under this Act knowingly and intelligently waives the right | ||||||
18 | to have an offense described in this paragraph (l) tried by | ||||||
19 | a jury, and by guilty plea or otherwise, results in a | ||||||
20 | conviction for an offense in which a domestic relationship | ||||||
21 | is not a required element of the offense but in which a | ||||||
22 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
23 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
24 | Procedure of 1963, an entry by the court of a judgment of | ||||||
25 | conviction for that offense shall be grounds for denying an | ||||||
26 | application for and for revoking and seizing a Firearm |
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1 | Owner's Identification Card previously issued to the | ||||||
2 | person under this Act;
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3 | (m) (Blank);
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4 | (n) A person who is prohibited from acquiring or | ||||||
5 | possessing
firearms or firearm ammunition by any Illinois | ||||||
6 | State statute or by federal
law;
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7 | (o) A minor subject to a petition filed under Section | ||||||
8 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
9 | minor is a delinquent minor for
the commission of an | ||||||
10 | offense that if committed by an adult would be a felony;
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11 | (p) An adult who had been adjudicated a delinquent | ||||||
12 | minor under the Juvenile
Court Act of 1987 for the | ||||||
13 | commission of an offense that if committed by an
adult | ||||||
14 | would be a felony;
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15 | (q) A person who is not a resident of the State of | ||||||
16 | Illinois, except as provided in subsection (a-10) of | ||||||
17 | Section 4; | ||||||
18 | (r) A person who has been adjudicated as a person with | ||||||
19 | a mental disability; | ||||||
20 | (s) A person who has been found to have a developmental | ||||||
21 | disability; | ||||||
22 | (t) A person involuntarily admitted into a mental | ||||||
23 | health facility; or | ||||||
24 | (u) A person who has had his or her Firearm Owner's | ||||||
25 | Identification Card revoked or denied under subsection (e) | ||||||
26 | of this Section or item (iv) of paragraph (2) of subsection |
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1 | (a) of Section 4 of this Act because he or she was a | ||||||
2 | patient in a mental health facility as provided in | ||||||
3 | subsection (e) of this Section, shall not be permitted to | ||||||
4 | obtain a Firearm Owner's Identification Card, after the | ||||||
5 | 5-year period has lapsed, unless he or she has received a | ||||||
6 | mental health evaluation by a physician, clinical | ||||||
7 | psychologist, or qualified examiner as those terms are | ||||||
8 | defined in the Mental Health and Developmental | ||||||
9 | Disabilities Code, and has received a certification that he | ||||||
10 | or she is not a clear and present danger to himself, | ||||||
11 | herself, or others. The physician, clinical psychologist, | ||||||
12 | or qualified examiner making the certification and his or | ||||||
13 | her employer shall not be held criminally, civilly, or | ||||||
14 | professionally liable for making or not making the | ||||||
15 | certification required under this subsection, except for | ||||||
16 | willful or wanton misconduct. This subsection does not | ||||||
17 | apply to a person whose firearm possession rights have been | ||||||
18 | restored through administrative or judicial action under | ||||||
19 | Section 10 or 11 of this Act. | ||||||
20 | Upon revocation of a person's Firearm Owner's | ||||||
21 | Identification Card, the Department of State Police shall | ||||||
22 | provide notice to the person and the person shall comply with | ||||||
23 | Section 9.5 of this Act. | ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
25 | eff. 7-16-14; 99-143, eff. 7-27-15.)
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