Rep. Edward J. Acevedo
Filed: 3/12/2013
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1 | AMENDMENT TO HOUSE BILL 1155
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2 | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | ||||||
3 | inserting the following in its proper numeric sequence:
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4 | "Section 825. 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 | (Text of Section before amendment by P.A. 97-1167 )
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8 | Sec. 8. Grounds for denial and revocation. | ||||||
9 | (A) The Department of State Police has authority to deny an
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10 | application for or to revoke and seize a Firearm Owner's | ||||||
11 | Identification
Card previously issued under this Act only if | ||||||
12 | the Department finds that the
applicant or the person to whom | ||||||
13 | such card was issued is or was at the time
of issuance:
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14 | (a) A person under 21 years of age who has been convicted | ||||||
15 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
16 | delinquent;
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1 | (b) A person under 21 years of age who does not have the | ||||||
2 | written consent
of his parent or guardian to acquire and | ||||||
3 | possess firearms and firearm
ammunition, or whose parent or | ||||||
4 | guardian has revoked such written consent,
or where such parent | ||||||
5 | or guardian does not qualify to have a Firearm Owner's
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6 | Identification Card;
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7 | (c) A person convicted of a felony under the laws of this | ||||||
8 | or any other
jurisdiction;
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9 | (d) A person addicted to narcotics;
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10 | (e) A person who has been a patient of a mental institution | ||||||
11 | within the
past 5 years or has been adjudicated as a mental | ||||||
12 | defective;
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13 | (f) A person whose mental condition is of such a nature | ||||||
14 | that it poses
a clear and present danger to the applicant, any | ||||||
15 | other person or persons or
the community;
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16 | For the purposes of this Section, "mental condition" means | ||||||
17 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
18 | assaultive behavior.
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19 | (g) A person who is intellectually disabled;
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20 | (h) A person who intentionally makes a false statement in | ||||||
21 | the Firearm
Owner's Identification Card application;
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22 | (i) An alien who is unlawfully present in
the United States | ||||||
23 | under the laws of the United States;
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24 | (i-5) An alien who has been admitted to the United States | ||||||
25 | under a
non-immigrant visa (as that term is defined in Section | ||||||
26 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. |
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1 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
2 | to any alien who has been lawfully admitted to
the United | ||||||
3 | States under a non-immigrant visa if that alien is:
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4 | (1) admitted to the United States for lawful hunting or | ||||||
5 | sporting purposes;
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6 | (2) an official representative of a foreign government | ||||||
7 | who is:
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8 | (A) accredited to the United States Government or | ||||||
9 | 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 which | ||||||
13 | 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 designated by | ||||||
16 | 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 official | ||||||
19 | 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 years | ||||||
25 | of battery,
assault, aggravated assault, violation of an order | ||||||
26 | of protection, or a
substantially similar offense in another |
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1 | jurisdiction, in which a firearm was
used or possessed;
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2 | (l) A person who has been convicted of domestic battery, | ||||||
3 | aggravated domestic battery, or a substantially
similar | ||||||
4 | offense in another jurisdiction committed before, on or after | ||||||
5 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
6 | the applicant or person who has been previously issued a | ||||||
7 | Firearm Owner's Identification Card under this Act knowingly | ||||||
8 | and intelligently waives the right to have an offense described | ||||||
9 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
10 | otherwise, results in a conviction for an offense in which a | ||||||
11 | domestic relationship is not a required element of the offense | ||||||
12 | but in which a determination of the applicability of 18 U.S.C. | ||||||
13 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
14 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
15 | of conviction for that offense shall be grounds for denying an | ||||||
16 | application for and for revoking and seizing a Firearm Owner's | ||||||
17 | Identification Card previously issued to the person under this | ||||||
18 | Act;
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19 | (m) (Blank);
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20 | (n) A person who is prohibited from acquiring or possessing
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21 | firearms or firearm ammunition by any Illinois State statute or | ||||||
22 | by federal
law;
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23 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
24 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
25 | delinquent minor for
the commission of an offense that if | ||||||
26 | committed by an adult would be a felony;
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1 | (p) An adult who had been adjudicated a delinquent minor | ||||||
2 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
3 | offense that if committed by an
adult would be a felony; or
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4 | (q) A person who is not a resident of the State of | ||||||
5 | Illinois, except as provided in subsection (a-10) of Section 4. | ||||||
6 | (B) The Department of State Police may revoke and seize a | ||||||
7 | Firearm Owner's Identification
Card previously issued under | ||||||
8 | this Act of a person who fails to report the loss or theft of a | ||||||
9 | firearm a second time to the local law enforcement agency | ||||||
10 | within 72 hours after obtaining knowledge of the second loss or | ||||||
11 | theft.
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12 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
13 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
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14 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
15 | Sec. 8. Grounds for denial and revocation. | ||||||
16 | (A) The Department of State Police has authority to deny an
| ||||||
17 | application for or to revoke and seize a Firearm Owner's | ||||||
18 | Identification
Card previously issued under this Act only if | ||||||
19 | the Department finds that the
applicant or the person to whom | ||||||
20 | such card was issued is or was at the time
of issuance:
| ||||||
21 | (a) A person under 21 years of age who has been convicted | ||||||
22 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
23 | delinquent;
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24 | (b) A person under 21 years of age who does not have the | ||||||
25 | written consent
of his parent or guardian to acquire and |
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1 | possess firearms and firearm
ammunition, or whose parent or | ||||||
2 | guardian has revoked such written consent,
or where such parent | ||||||
3 | or guardian does not qualify to have a Firearm Owner's
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4 | Identification Card;
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5 | (c) A person convicted of a felony under the laws of this | ||||||
6 | 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 institution | ||||||
9 | within the
past 5 years. An active law enforcement officer | ||||||
10 | employed by a unit of government who is denied, revoked, or has | ||||||
11 | his or her Firearm Owner's Identification Card seized under | ||||||
12 | this subsection (e) may obtain relief as described in | ||||||
13 | subsection (c-5) of Section 10 of this Act if the officer did | ||||||
14 | not act in a manner threatening to the officer, another person, | ||||||
15 | or the public as determined by the treating clinical | ||||||
16 | psychologist or physician, and the officer seeks mental health | ||||||
17 | treatment;
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18 | (f) A person whose mental condition is of such a nature | ||||||
19 | that it poses
a clear and present danger to the applicant, any | ||||||
20 | other person or persons or
the community;
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21 | For the purposes of this Section, "mental condition" means | ||||||
22 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
23 | assaultive behavior.
| ||||||
24 | (g) A person who is intellectually disabled;
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25 | (h) A person who intentionally makes a false statement in | ||||||
26 | the Firearm
Owner's Identification Card application;
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1 | (i) An alien who is unlawfully present in
the United States | ||||||
2 | under the laws of the United States;
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3 | (i-5) An alien who has been admitted to the United States | ||||||
4 | under a
non-immigrant visa (as that term is defined in Section | ||||||
5 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
6 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
7 | to any alien who has been lawfully admitted to
the United | ||||||
8 | States under a non-immigrant visa if that alien is:
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9 | (1) admitted to the United States for lawful hunting or | ||||||
10 | sporting purposes;
| ||||||
11 | (2) an official representative of a foreign government | ||||||
12 | who is:
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13 | (A) accredited to the United States Government or | ||||||
14 | the Government's
mission to an international | ||||||
15 | organization having its headquarters in the United
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16 | States; or
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17 | (B) en route to or from another country to which | ||||||
18 | that alien is
accredited;
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19 | (3) an official of a foreign government or | ||||||
20 | distinguished foreign visitor
who has been so designated by | ||||||
21 | the Department of State;
| ||||||
22 | (4) a foreign law enforcement officer of a friendly | ||||||
23 | foreign government
entering the United States on official | ||||||
24 | business; or
| ||||||
25 | (5) one who has received a waiver from the Attorney | ||||||
26 | General of the United
States pursuant to 18 U.S.C. |
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1 | 922(y)(3);
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2 | (j) (Blank);
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3 | (k) A person who has been convicted within the past 5 years | ||||||
4 | of battery,
assault, aggravated assault, violation of an order | ||||||
5 | of protection, or a
substantially similar offense in another | ||||||
6 | jurisdiction, in which a firearm was
used or possessed;
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7 | (l) A person who has been convicted of domestic battery, | ||||||
8 | aggravated domestic battery, or a substantially
similar | ||||||
9 | offense in another jurisdiction committed before, on or after | ||||||
10 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
11 | the applicant or person who has been previously issued a | ||||||
12 | Firearm Owner's Identification Card under this Act knowingly | ||||||
13 | and intelligently waives the right to have an offense described | ||||||
14 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
15 | otherwise, results in a conviction for an offense in which a | ||||||
16 | domestic relationship is not a required element of the offense | ||||||
17 | but in which a determination of the applicability of 18 U.S.C. | ||||||
18 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
19 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
20 | of conviction for that offense shall be grounds for denying an | ||||||
21 | application for and for revoking and seizing a Firearm Owner's | ||||||
22 | Identification Card previously issued to the person under this | ||||||
23 | Act;
| ||||||
24 | (m) (Blank);
| ||||||
25 | (n) A person who is prohibited from acquiring or possessing
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26 | firearms or firearm ammunition by any Illinois State statute or |
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1 | by federal
law;
| ||||||
2 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
3 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
4 | delinquent minor for
the commission of an offense that if | ||||||
5 | committed by an adult would be a felony;
| ||||||
6 | (p) An adult who had been adjudicated a delinquent minor | ||||||
7 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
8 | offense that if committed by an
adult would be a felony;
| ||||||
9 | (q) A person who is not a resident of the State of | ||||||
10 | Illinois, except as provided in subsection (a-10) of Section 4; | ||||||
11 | or | ||||||
12 | (r) A person who has been adjudicated as a mental | ||||||
13 | defective. | ||||||
14 | (B) The Department of State Police may revoke and seize a | ||||||
15 | Firearm Owner's Identification
Card previously issued under | ||||||
16 | this Act of a person who fails to report the loss or theft of a | ||||||
17 | firearm a second time to the local law enforcement agency | ||||||
18 | within 72 hours after obtaining knowledge of the second loss or | ||||||
19 | theft.
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20 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
21 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | ||||||
22 | 97-1167, eff. 6-1-13.)
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23 | Section 826. The Criminal Code of 2012 is amended by adding | ||||||
24 | Section 24-4.1 as follows: |
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1 | (720 ILCS 5/24-4.1 new)
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2 | Sec. 24-4.1. Report of lost or stolen firearms.
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3 | (a) If a person who possesses a valid Firearm Owner's | ||||||
4 | Identification Card and who possesses or acquires a firearm | ||||||
5 | thereafter loses or misplaces the firearm, or if the firearm is | ||||||
6 | stolen from the person, the person must report the loss or | ||||||
7 | theft to the local law enforcement agency within 72 hours after | ||||||
8 | obtaining knowledge of the loss or theft. | ||||||
9 | (b) Sentence. A person who violates this Section is guilty | ||||||
10 | of a petty offense for a first violation. A second or | ||||||
11 | subsequent violation of this Section is a Class A misdemeanor.
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12 | Section 827. No acceleration or delay. Where this Act makes | ||||||
13 | changes in a statute that is represented in this Act by text | ||||||
14 | that is not yet or no longer in effect (for example, a Section | ||||||
15 | represented by multiple versions), the use of that text does | ||||||
16 | not accelerate or delay the taking effect of (i) the changes | ||||||
17 | made by this Act or (ii) provisions derived from any other | ||||||
18 | Public Act.".
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