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1 | AN ACT concerning criminal law.
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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 is intellectually disabled;
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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 mentally | ||||||
11 | disabled person; | ||||||
12 | (s) A person who has been found to be developmentally | ||||||
13 | disabled; | ||||||
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 | Upon revocation of a person's Firearm Owner's | ||||||
13 | Identification Card, the Department of State Police shall | ||||||
14 | provide notice to the person and the person shall comply with | ||||||
15 | Section 9.5 of this Act. | ||||||
16 | The Department of State Police shall suspend for 5 years | ||||||
17 | the Firearm Owner's Identification Card of a person who has | ||||||
18 | been convicted of a third violation of Section 24-4.1 of the | ||||||
19 | Criminal Code of 2012. | ||||||
20 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
21 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
22 | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. | ||||||
23 | 7-16-14.)
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24 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
25 | changing Section 70 as follows: |
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1 | (430 ILCS 66/70)
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2 | Sec. 70. Violations. | ||||||
3 | (a) A license issued or renewed under this Act shall be | ||||||
4 | revoked if, at any time, the licensee is found to be ineligible | ||||||
5 | for a license under this Act or the licensee no longer meets | ||||||
6 | the eligibility requirements of the Firearm Owners | ||||||
7 | Identification Card Act. | ||||||
8 | (b) A license shall be suspended if an order of protection, | ||||||
9 | including an emergency order of protection, plenary order of | ||||||
10 | protection, or interim order of protection under Article 112A | ||||||
11 | of the Code of Criminal Procedure of 1963 or under the Illinois | ||||||
12 | Domestic Violence Act of 1986, is issued against a licensee for | ||||||
13 | the duration of the order, or if the Department is made aware | ||||||
14 | of a similar order issued against the licensee in any other | ||||||
15 | jurisdiction. If an order of protection is issued against a | ||||||
16 | licensee, the licensee shall surrender the license, as | ||||||
17 | applicable, to the court at the time the order is entered or to | ||||||
18 | the law enforcement agency or entity serving process at the | ||||||
19 | time the licensee is served the order. The court, law | ||||||
20 | enforcement agency, or entity responsible for serving the order | ||||||
21 | of protection shall notify the Department within 7 days and | ||||||
22 | transmit the license to the Department. | ||||||
23 | (c) A license is invalid upon expiration of the license, | ||||||
24 | unless the licensee has submitted an application to renew the | ||||||
25 | license, and the applicant is otherwise eligible to possess a |
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1 | license under this Act. | ||||||
2 | (d) A licensee shall not carry a concealed firearm while | ||||||
3 | under the influence of alcohol, other drug or drugs, | ||||||
4 | intoxicating compound or combination of compounds, or any | ||||||
5 | combination thereof, under the standards set forth in | ||||||
6 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
7 | A licensee in violation of this subsection (d) shall be | ||||||
8 | guilty of a Class A misdemeanor for a first or second violation | ||||||
9 | and a Class 4 felony for a third violation. The Department may | ||||||
10 | suspend a license for up to 6 months for a second violation and | ||||||
11 | shall permanently revoke a license for a third violation. | ||||||
12 | (e) Except as otherwise provided, a licensee in violation | ||||||
13 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
14 | or subsequent violation is a Class A misdemeanor. The | ||||||
15 | Department may suspend a license for up to 6 months for a | ||||||
16 | second violation and shall permanently revoke a license for 3 | ||||||
17 | or more violations of Section 65 of this Act. Any person | ||||||
18 | convicted of a violation under this Section shall pay a $150 | ||||||
19 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
20 | any applicable court costs or fees. | ||||||
21 | (f) A licensee convicted or found guilty of a violation of | ||||||
22 | this Act who has a valid license and is otherwise eligible to | ||||||
23 | carry a concealed firearm shall only be subject to the | ||||||
24 | penalties under this Section and shall not be subject to the | ||||||
25 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
26 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
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1 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
2 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
3 | subsection, nothing in this subsection prohibits the licensee | ||||||
4 | from being subjected to penalties for violations other than | ||||||
5 | those specified in this Act. | ||||||
6 | (g) A licensee whose license is revoked, suspended, or | ||||||
7 | denied shall, within 48 hours of receiving notice of the | ||||||
8 | revocation, suspension, or denial, surrender his or her | ||||||
9 | concealed carry license to the local law enforcement agency | ||||||
10 | where the person resides. The local law enforcement agency | ||||||
11 | shall provide the licensee a receipt and transmit the concealed | ||||||
12 | carry license to the Department of State Police. If the | ||||||
13 | licensee whose concealed carry license has been revoked, | ||||||
14 | suspended, or denied fails to comply with the requirements of | ||||||
15 | this subsection, the law enforcement agency where the person | ||||||
16 | resides may petition the circuit court to issue a warrant to | ||||||
17 | search for and seize the concealed carry license in the | ||||||
18 | possession and under the custody or control of the licensee | ||||||
19 | whose concealed carry license has been revoked, suspended, or | ||||||
20 | denied. The observation of a concealed carry license in the | ||||||
21 | possession of a person whose license has been revoked, | ||||||
22 | suspended, or denied constitutes a sufficient basis for the | ||||||
23 | arrest of that person for violation of this subsection. A | ||||||
24 | violation of this subsection is a Class A misdemeanor. | ||||||
25 | (h) A license issued or renewed under this Act shall be | ||||||
26 | revoked if, at any time, the licensee is found ineligible for a |
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1 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
2 | possesses a valid Firearm Owner's Identification Card. A | ||||||
3 | licensee whose license is revoked under this subsection (h) | ||||||
4 | shall surrender his or her concealed carry license as provided | ||||||
5 | for in subsection (g) of this Section. | ||||||
6 | This subsection shall not apply to a person who has filed | ||||||
7 | an application with the State Police for renewal of a Firearm
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8 | Owner's Identification Card and who is not otherwise ineligible | ||||||
9 | to obtain a Firearm Owner's Identification Card.
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10 | (i) A certified firearms instructor who knowingly provides | ||||||
11 | or offers to provide a false certification that an applicant | ||||||
12 | has completed firearms training as required under this Act is | ||||||
13 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
14 | of this subsection (i) is not eligible for court supervision. | ||||||
15 | The Department shall permanently revoke the firearms | ||||||
16 | instructor certification of a person convicted under this | ||||||
17 | subsection (i). | ||||||
18 | (j) The Department of State Police shall suspend for 5 | ||||||
19 | years the license of a person who has been convicted of a third | ||||||
20 | violation of Section 24-4.1 of the Criminal Code of 2012. | ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | ||||||
22 | eff. 8-15-14.) | ||||||
23 | Section 15. The Criminal Code of 2012 is amended by | ||||||
24 | changing Section 24-4.1 as follows: |
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1 | (720 ILCS 5/24-4.1)
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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 the firearm, or if the firearm is stolen from | ||||||
6 | the person, the person must report the loss or theft to the | ||||||
7 | local law enforcement agency within 72 hours after obtaining | ||||||
8 | knowledge of the loss or theft. | ||||||
9 | (b) A law enforcement agency having jurisdiction shall take | ||||||
10 | a written report and shall, as soon as practical, enter the | ||||||
11 | firearm's serial number as stolen into the Law Enforcement | ||||||
12 | Agencies Data System (LEADS). | ||||||
13 | (c) A person shall not be in violation of this Section if: | ||||||
14 | (1) the failure to report is due to an act of God, act | ||||||
15 | of war, or inability of a law enforcement agency to receive | ||||||
16 | the report; | ||||||
17 | (2) the person is hospitalized, in a coma, or is | ||||||
18 | otherwise seriously physically or mentally impaired as to | ||||||
19 | prevent the person from reporting; or | ||||||
20 | (3) the person's designee makes a report if the person | ||||||
21 | is unable to make the report. | ||||||
22 | (d) Sentence. A person who violates this Section is guilty | ||||||
23 | of a petty offense for a first violation. A second or | ||||||
24 | subsequent violation of this Section is a Class A misdemeanor. | ||||||
25 | A third violation of this Section is a Class A misdemeanor and | ||||||
26 | shall result in a 5 year suspension of the person's Firearm |
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1 | Owner's Identification Card under Section 8 of the Firearm | ||||||
2 | Owners Identification Card Act and license under subsection (i) | ||||||
3 | of Section 70 of the Firearm Concealed Carry Act. A fourth or | ||||||
4 | subsequent violation is a Class 4 felony.
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5 | (Source: P.A. 98-508, eff. 8-19-13.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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