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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 1.1, 4, and 8 as follows:
| |||||||||||||||||||||||
6 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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7 | Sec. 1.1. For purposes of this Act:
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8 | "Addicted to narcotics" means a person who has been: | |||||||||||||||||||||||
9 | (1) convicted of an offense involving the use or | |||||||||||||||||||||||
10 | possession of cannabis, a controlled substance, or | |||||||||||||||||||||||
11 | methamphetamine within the past year; or | |||||||||||||||||||||||
12 | (2) determined by the Department of State Police to be | |||||||||||||||||||||||
13 | addicted to narcotics based upon federal law or federal | |||||||||||||||||||||||
14 | guidelines. | |||||||||||||||||||||||
15 | "Addicted to narcotics" does not include possession or use | |||||||||||||||||||||||
16 | of a prescribed controlled substance under the direction and | |||||||||||||||||||||||
17 | authority of a physician or other person authorized to | |||||||||||||||||||||||
18 | prescribe the controlled substance when the controlled | |||||||||||||||||||||||
19 | substance is used in the prescribed manner. | |||||||||||||||||||||||
20 | "Adjudicated as a mentally disabled person" means the | |||||||||||||||||||||||
21 | person is the subject of a determination by a court, board, | |||||||||||||||||||||||
22 | commission or other lawful authority that the person, as a | |||||||||||||||||||||||
23 | result of marked subnormal intelligence, or mental illness, |
| |||||||
| |||||||
1 | mental impairment, incompetency, condition, or disease: | ||||||
2 | (1) presents a clear and present danger to himself, | ||||||
3 | herself, or to others; | ||||||
4 | (2) lacks the mental capacity to manage his or her own | ||||||
5 | affairs or is adjudicated a disabled person as defined in | ||||||
6 | Section 11a-2 of the Probate Act of 1975; | ||||||
7 | (3) is not guilty in a criminal case by reason of | ||||||
8 | insanity, mental disease or defect; | ||||||
9 | (3.5) is guilty but mentally ill, as provided in | ||||||
10 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
11 | (4) is incompetent to stand trial in a criminal case; | ||||||
12 | (5) is not guilty by reason of lack of mental | ||||||
13 | responsibility under Articles 50a and 72b of the Uniform | ||||||
14 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
15 | (6) is a sexually violent person under subsection (f) | ||||||
16 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
17 | Act; | ||||||
18 | (7) is a sexually dangerous person under the Sexually | ||||||
19 | Dangerous Persons Act; | ||||||
20 | (8) is unfit to stand trial under the Juvenile Court | ||||||
21 | Act of 1987; | ||||||
22 | (9) is not guilty by reason of insanity under the | ||||||
23 | Juvenile Court Act of 1987; | ||||||
24 | (10) is subject to involuntary admission as an | ||||||
25 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
26 | and Developmental Disabilities Code; |
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| |||||||
1 | (11) is subject to involuntary admission as an | ||||||
2 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
3 | Health and Developmental Disabilities Code; | ||||||
4 | (12) is subject to judicial admission as set forth in | ||||||
5 | Section 4-500 of the Mental Health and Developmental | ||||||
6 | Disabilities Code; or | ||||||
7 | (13) is subject to the provisions of the Interstate | ||||||
8 | Agreements on Sexually Dangerous Persons Act. | ||||||
9 | "Clear and present danger" means a person who: | ||||||
10 | (1) communicates a serious threat of physical violence | ||||||
11 | against a reasonably identifiable victim or poses a clear | ||||||
12 | and imminent risk of serious physical injury to himself, | ||||||
13 | herself, or another person as determined by a physician, | ||||||
14 | clinical psychologist, or qualified examiner; or | ||||||
15 | (2) demonstrates threatening physical or verbal | ||||||
16 | behavior, such as violent, suicidal, or assaultive | ||||||
17 | threats, actions, or other behavior, as determined by a | ||||||
18 | physician, clinical psychologist, qualified examiner, | ||||||
19 | school administrator, or law enforcement official. | ||||||
20 | "Clinical psychologist" has the meaning provided in | ||||||
21 | Section 1-103 of the Mental Health and Developmental | ||||||
22 | Disabilities Code. | ||||||
23 | "Controlled substance" means a controlled substance or | ||||||
24 | controlled substance analog as defined in the Illinois | ||||||
25 | Controlled Substances Act. | ||||||
26 | "Counterfeit" means to copy or imitate, without legal |
| |||||||
| |||||||
1 | authority, with
intent
to deceive. | ||||||
2 | "Developmentally disabled" means a disability which is | ||||||
3 | attributable to any other condition which results in impairment | ||||||
4 | similar to that caused by an intellectual disability and which | ||||||
5 | requires services similar to those required by intellectually | ||||||
6 | disabled persons. The disability must originate before the age | ||||||
7 | of 18
years, be expected to continue indefinitely, and | ||||||
8 | constitute a substantial handicap. | ||||||
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 |
| |||||||
| |||||||
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 | "Gun show" does not include training or safety classes, | ||||||
6 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
7 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
8 | banquets, raffles, or
any other event where the sale or | ||||||
9 | transfer of firearms is not the primary course of business. | ||||||
10 | "Gun show promoter" means a person who organizes or | ||||||
11 | operates a gun show. | ||||||
12 | "Gun show vendor" means a person who exhibits, sells, | ||||||
13 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
14 | show, regardless of whether the person arranges with a gun show | ||||||
15 | promoter for a fixed location from which to exhibit, sell, | ||||||
16 | offer for sale, transfer, or exchange any firearm. | ||||||
17 | "Intellectually disabled" means significantly subaverage | ||||||
18 | general intellectual functioning which exists concurrently | ||||||
19 | with impairment in adaptive behavior and which originates | ||||||
20 | before the age of 18 years. | ||||||
21 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
22 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
23 | Developmental Disabilities Code. | ||||||
24 | "Mental health facility" means any licensed private | ||||||
25 | hospital or hospital affiliate, institution, or facility, or | ||||||
26 | part thereof, and any facility, or part thereof, operated by |
| |||||||
| |||||||
1 | the State or a political subdivision thereof which provide | ||||||
2 | treatment of persons with mental illness and includes all | ||||||
3 | hospitals, institutions, clinics, evaluation facilities, | ||||||
4 | mental health centers, colleges, universities, long-term care | ||||||
5 | facilities, and nursing homes, or parts thereof, which provide | ||||||
6 | treatment of persons with mental illness whether or not the | ||||||
7 | primary purpose is to provide treatment of persons with mental | ||||||
8 | illness. | ||||||
9 | "Patient" means: | ||||||
10 | (1) a person who voluntarily receives mental health | ||||||
11 | treatment as an in-patient or resident of any public or | ||||||
12 | private mental health facility, unless the treatment was | ||||||
13 | solely for an alcohol abuse disorder and no other secondary | ||||||
14 | substance abuse disorder or mental illness; or | ||||||
15 | (2) a person who voluntarily receives mental health | ||||||
16 | treatment as an out-patient or is provided services by a | ||||||
17 | public or private mental health facility, and who poses a | ||||||
18 | clear and present danger to himself, herself, or to others. | ||||||
19 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
20 | the Mental Health and Developmental Disabilities Code. | ||||||
21 | "Qualified examiner" has the meaning provided in Section | ||||||
22 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
23 | "Sanctioned competitive shooting event" means a shooting | ||||||
24 | contest officially recognized by a national or state shooting | ||||||
25 | sport association, and includes any sight-in or practice | ||||||
26 | conducted in conjunction with the event.
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| |||||||
1 | "School administrator" means the person required to report | ||||||
2 | under the School Administrator Reporting of Mental Health Clear | ||||||
3 | and Present Danger Determinations Law. | ||||||
4 | "Servicemember" means a person who is currently serving in | ||||||
5 | the Army, Air Force, Marines, Navy, or Coast Guard on active | ||||||
6 | duty, reserve status, or in the National Guard. | ||||||
7 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
8 | Section 24-1 of the Criminal Code of 2012. | ||||||
9 | "Veteran" means a person who served in the active military, | ||||||
10 | naval, or air service, Coast Guard, reserves, or National Guard | ||||||
11 | and who was discharged or released from that service, reserve, | ||||||
12 | or Guard under conditions other than dishonorable. | ||||||
13 | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
14 | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| ||||||
15 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
16 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
17 | Identification Card must:
| ||||||
18 | (1) Make application on blank forms prepared and | ||||||
19 | furnished at convenient
locations throughout the State by | ||||||
20 | the Department of State Police, or by
electronic means, if | ||||||
21 | and when made available by the Department of State
Police; | ||||||
22 | and
| ||||||
23 | (2) Submit evidence to the Department of State Police | ||||||
24 | that:
| ||||||
25 | (i) He or she is 21 years of age or over, or if he |
| |||||||
| |||||||
1 | or she is under 21
years of age and not a servicemember | ||||||
2 | or veteran or is under 18 years of age and is a | ||||||
3 | servicemember or veteran that he or she has the written | ||||||
4 | consent of his or her parent or
legal guardian to | ||||||
5 | possess and acquire firearms and firearm ammunition | ||||||
6 | and that , if he or she is under 21 years of age, he or | ||||||
7 | she has never been convicted of a misdemeanor other | ||||||
8 | than a traffic
offense or adjudged
delinquent, | ||||||
9 | provided, however, that , if the applicant is under 21 | ||||||
10 | years of age and not a servicemember or veteran or | ||||||
11 | under 18 years of age and is a servicemember or | ||||||
12 | veteran, the such parent or legal guardian is not an
| ||||||
13 | individual prohibited from having a Firearm Owner's | ||||||
14 | Identification Card and
files an affidavit with the | ||||||
15 | Department as prescribed by the Department
stating | ||||||
16 | that he or she is not an individual prohibited from | ||||||
17 | having a Card;
| ||||||
18 | (i-5) He or she is 18 years of age or over but | ||||||
19 | under 21 years of age and is a servicemember or | ||||||
20 | veteran;
| ||||||
21 | (ii) He or she has not been convicted of a felony | ||||||
22 | under the laws of
this or any other jurisdiction;
| ||||||
23 | (iii) He or she is not addicted to narcotics;
| ||||||
24 | (iv) He or she has not been a patient in a mental | ||||||
25 | health facility within
the past 5 years or, if he or | ||||||
26 | she has been a patient in a mental health facility more |
| |||||||
| |||||||
1 | than 5 years ago submit the certification required | ||||||
2 | under subsection (u) of Section 8 of this Act;
| ||||||
3 | (v) He or she is not intellectually disabled;
| ||||||
4 | (vi) He or she is not an alien who is unlawfully | ||||||
5 | present in the
United States under the laws of the | ||||||
6 | United States;
| ||||||
7 | (vii) He or she is not subject to an existing order | ||||||
8 | of protection
prohibiting him or her from possessing a | ||||||
9 | firearm;
| ||||||
10 | (viii) He or she has not been convicted within the | ||||||
11 | past 5 years of
battery, assault, aggravated assault, | ||||||
12 | violation of an order of
protection, or a substantially | ||||||
13 | similar offense in another jurisdiction, in
which a | ||||||
14 | firearm was used or possessed;
| ||||||
15 | (ix) He or she has not been convicted of domestic | ||||||
16 | battery, aggravated domestic battery, or a
| ||||||
17 | substantially similar offense in another
jurisdiction | ||||||
18 | committed before, on or after January 1, 2012 (the | ||||||
19 | effective date of Public Act 97-158). If the applicant | ||||||
20 | knowingly and intelligently waives the right to have an | ||||||
21 | offense described in this clause (ix) tried by a jury, | ||||||
22 | and by guilty plea or otherwise, results in a | ||||||
23 | conviction for an offense in which a domestic | ||||||
24 | relationship is not a required element of the offense | ||||||
25 | but in which a determination of the applicability of 18 | ||||||
26 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
| |||||||
| |||||||
1 | Code of Criminal Procedure of 1963, an entry by the | ||||||
2 | court of a judgment of conviction for that offense | ||||||
3 | shall be grounds for denying the issuance of a Firearm | ||||||
4 | Owner's Identification Card under this Section;
| ||||||
5 | (x) (Blank);
| ||||||
6 | (xi) He or she is not an alien who has been | ||||||
7 | admitted to the United
States under a non-immigrant | ||||||
8 | visa (as that term is defined in Section
101(a)(26) of | ||||||
9 | the Immigration and Nationality Act (8 U.S.C. | ||||||
10 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
11 | been lawfully admitted to the United
States under a | ||||||
12 | non-immigrant visa if that alien is:
| ||||||
13 | (1) admitted to the United States for lawful | ||||||
14 | hunting or sporting
purposes;
| ||||||
15 | (2) an official representative of a foreign | ||||||
16 | government who is:
| ||||||
17 | (A) accredited to the United States | ||||||
18 | Government or the Government's
mission to an | ||||||
19 | international organization having its | ||||||
20 | headquarters in the United
States; or
| ||||||
21 | (B) en route to or from another country to | ||||||
22 | which that alien is
accredited;
| ||||||
23 | (3) an official of a foreign government or | ||||||
24 | distinguished foreign
visitor who has been so | ||||||
25 | designated by the Department of State;
| ||||||
26 | (4) a foreign law enforcement officer of a |
| |||||||
| |||||||
1 | friendly foreign
government entering the United | ||||||
2 | States on official business; or
| ||||||
3 | (5) one who has received a waiver from the | ||||||
4 | Attorney General of the
United States pursuant to | ||||||
5 | 18 U.S.C. 922(y)(3);
| ||||||
6 | (xii) He or she is not a minor subject to a | ||||||
7 | petition filed
under Section 5-520 of the Juvenile | ||||||
8 | Court Act of 1987 alleging that the
minor is a | ||||||
9 | delinquent minor for the commission of an offense that | ||||||
10 | if
committed by an adult would be a felony;
| ||||||
11 | (xiii) He or she is not an adult who had been | ||||||
12 | adjudicated a delinquent
minor under the Juvenile | ||||||
13 | Court Act of 1987 for the commission of an offense
that | ||||||
14 | if committed by an adult would be a felony;
| ||||||
15 | (xiv) He or she is a resident of the State of | ||||||
16 | Illinois; | ||||||
17 | (xv) He or she has not been adjudicated as a | ||||||
18 | mentally disabled person; | ||||||
19 | (xvi) He or she has not been involuntarily admitted | ||||||
20 | into a mental health facility; and | ||||||
21 | (xvii) He or she is not developmentally disabled; | ||||||
22 | and
| ||||||
23 | (3) Upon request by the Department of State Police, | ||||||
24 | sign a release on a
form prescribed by the Department of | ||||||
25 | State Police waiving any right to
confidentiality and | ||||||
26 | requesting the disclosure to the Department of State Police
|
| |||||||
| |||||||
1 | of limited mental health institution admission information | ||||||
2 | from another state,
the District of Columbia, any other | ||||||
3 | territory of the United States, or a
foreign nation | ||||||
4 | concerning the applicant for the sole purpose of | ||||||
5 | determining
whether the applicant is or was a patient in a | ||||||
6 | mental health institution and
disqualified because of that | ||||||
7 | status from receiving a Firearm Owner's
Identification | ||||||
8 | Card. No mental health care or treatment records may be
| ||||||
9 | requested. The information received shall be destroyed | ||||||
10 | within one year of
receipt.
| ||||||
11 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
12 | Card who is over
the age of 18 shall furnish to the Department | ||||||
13 | of State Police either his or
her Illinois driver's license | ||||||
14 | number or Illinois Identification Card number, except as
| ||||||
15 | provided in subsection (a-10).
| ||||||
16 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
17 | Card,
who is employed as a law enforcement officer, an armed | ||||||
18 | security officer in Illinois, or by the United States Military
| ||||||
19 | permanently assigned in Illinois and who is not an Illinois | ||||||
20 | resident, shall furnish to
the Department of State Police his | ||||||
21 | or her driver's license number or state
identification card | ||||||
22 | number from his or her state of residence. The Department
of | ||||||
23 | State Police may adopt rules to enforce the provisions of this
| ||||||
24 | subsection (a-10).
| ||||||
25 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
26 | Identification Card moves from the residence address named in |
| |||||||
| |||||||
1 | the application, he or she shall immediately notify in a form | ||||||
2 | and manner prescribed by the Department of State Police of that | ||||||
3 | change of address. | ||||||
4 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
5 | Card shall furnish to the Department of State Police his or her | ||||||
6 | photograph. An applicant who is 21 years of age or older , or 18 | ||||||
7 | years of age or over but under 21 years of age and who is a | ||||||
8 | servicemember or veteran, seeking a religious exemption to the | ||||||
9 | photograph requirement must furnish with the application an | ||||||
10 | approved copy of United States Department of the Treasury | ||||||
11 | Internal Revenue Service Form 4029. In lieu of a photograph, an | ||||||
12 | applicant regardless of age seeking a religious exemption to | ||||||
13 | the photograph requirement shall submit fingerprints on a form | ||||||
14 | and manner prescribed by the Department with his or her | ||||||
15 | application. | ||||||
16 | (b) Each application form shall include the following | ||||||
17 | statement printed in
bold type: "Warning: Entering false | ||||||
18 | information on an application for a Firearm
Owner's | ||||||
19 | Identification Card is punishable as a Class 2 felony in | ||||||
20 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
21 | Owners Identification Card
Act.".
| ||||||
22 | (c) Upon such written consent, pursuant to Section 4, | ||||||
23 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
24 | consent shall be liable for any
damages resulting from the | ||||||
25 | applicant's use of firearms or firearm ammunition.
| ||||||
26 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, |
| |||||||
| |||||||
1 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
2 | 98-63, eff. 7-9-13.)
| ||||||
3 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
4 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
5 | of State Police has authority to deny an
application for or to | ||||||
6 | revoke and seize a Firearm Owner's Identification
Card | ||||||
7 | previously issued under this Act only if the Department finds | ||||||
8 | that the
applicant or the person to whom such card was issued | ||||||
9 | is or was at the time
of issuance:
| ||||||
10 | (a) A person under 21 years of age who has been | ||||||
11 | convicted of a
misdemeanor other than a traffic offense or | ||||||
12 | adjudged delinquent;
| ||||||
13 | (b) A person under 21 years of age who is not a | ||||||
14 | servicemember or veteran or under 18 who is a servicemember | ||||||
15 | or veteran and who does not have the written consent
of his | ||||||
16 | parent or guardian to acquire and possess firearms and | ||||||
17 | firearm
ammunition, or whose parent or guardian has revoked | ||||||
18 | such written consent,
or where such parent or guardian does | ||||||
19 | not qualify to have a Firearm Owner's
Identification Card;
| ||||||
20 | (c) A person convicted of a felony under the laws of | ||||||
21 | this or any other
jurisdiction;
| ||||||
22 | (d) A person addicted to narcotics;
| ||||||
23 | (e) A person who has been a patient of a mental health | ||||||
24 | facility within the
past 5 years or a person who has been a | ||||||
25 | patient in a mental health facility more than 5 years ago |
| |||||||
| |||||||
1 | who has not received the certification required under | ||||||
2 | subsection (u) of this Section. An active law enforcement | ||||||
3 | officer employed by a unit of government who is denied, | ||||||
4 | revoked, or has his or her Firearm Owner's Identification | ||||||
5 | Card seized under this subsection (e) may obtain relief as | ||||||
6 | described in subsection (c-5) of Section 10 of this Act if | ||||||
7 | the officer did not act in a manner threatening to the | ||||||
8 | officer, another person, or the public as determined by the | ||||||
9 | treating clinical psychologist or physician, and the | ||||||
10 | officer seeks mental health treatment;
| ||||||
11 | (f) A person whose mental condition is of such a nature | ||||||
12 | that it poses
a clear and present danger to the applicant, | ||||||
13 | any other person or persons or
the community;
| ||||||
14 | (g) A person who is intellectually disabled;
| ||||||
15 | (h) A person who intentionally makes a false statement | ||||||
16 | in the Firearm
Owner's Identification Card application;
| ||||||
17 | (i) An alien who is unlawfully present in
the United | ||||||
18 | States under the laws of the United States;
| ||||||
19 | (i-5) An alien who has been admitted to the United | ||||||
20 | States under a
non-immigrant visa (as that term is defined | ||||||
21 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
22 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
23 | (i-5) does not apply to any alien who has been lawfully | ||||||
24 | admitted to
the United States under a non-immigrant visa if | ||||||
25 | that alien is:
| ||||||
26 | (1) admitted to the United States for lawful |
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| |||||||
1 | hunting or sporting purposes;
| ||||||
2 | (2) an official representative of a foreign | ||||||
3 | government who is:
| ||||||
4 | (A) accredited to the United States Government | ||||||
5 | or the Government's
mission to an international | ||||||
6 | organization having its headquarters in the United
| ||||||
7 | States; or
| ||||||
8 | (B) en route to or from another country to | ||||||
9 | which that alien is
accredited;
| ||||||
10 | (3) an official of a foreign government or | ||||||
11 | distinguished foreign visitor
who has been so | ||||||
12 | designated by the Department of State;
| ||||||
13 | (4) a foreign law enforcement officer of a friendly | ||||||
14 | foreign government
entering the United States on | ||||||
15 | official business; or
| ||||||
16 | (5) one who has received a waiver from the Attorney | ||||||
17 | General of the United
States pursuant to 18 U.S.C. | ||||||
18 | 922(y)(3);
| ||||||
19 | (j) (Blank);
| ||||||
20 | (k) A person who has been convicted within the past 5 | ||||||
21 | years of battery,
assault, aggravated assault, violation | ||||||
22 | of an order of protection, or a
substantially similar | ||||||
23 | offense in another jurisdiction, in which a firearm was
| ||||||
24 | used or possessed;
| ||||||
25 | (l) A person who has been convicted of domestic | ||||||
26 | battery, aggravated domestic battery, or a substantially
|
| |||||||
| |||||||
1 | similar offense in another jurisdiction committed before, | ||||||
2 | on or after January 1, 2012 (the effective date of Public | ||||||
3 | Act 97-158). If the applicant or person who has been | ||||||
4 | previously issued a Firearm Owner's Identification Card | ||||||
5 | under this Act knowingly and intelligently waives the right | ||||||
6 | to have an offense described in this paragraph (l) tried by | ||||||
7 | a jury, and by guilty plea or otherwise, results in a | ||||||
8 | conviction for an offense in which a domestic relationship | ||||||
9 | is not a required element of the offense but in which a | ||||||
10 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
11 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
12 | Procedure of 1963, an entry by the court of a judgment of | ||||||
13 | conviction for that offense shall be grounds for denying an | ||||||
14 | application for and for revoking and seizing a Firearm | ||||||
15 | Owner's Identification Card previously issued to the | ||||||
16 | person under this Act;
| ||||||
17 | (m) (Blank);
| ||||||
18 | (n) A person who is prohibited from acquiring or | ||||||
19 | possessing
firearms or firearm ammunition by any Illinois | ||||||
20 | State statute or by federal
law;
| ||||||
21 | (o) A minor subject to a petition filed under Section | ||||||
22 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
23 | minor is a delinquent minor for
the commission of an | ||||||
24 | offense that if committed by an adult would be a felony;
| ||||||
25 | (p) An adult who had been adjudicated a delinquent | ||||||
26 | minor under the Juvenile
Court Act of 1987 for the |
| |||||||
| |||||||
1 | commission of an offense that if committed by an
adult | ||||||
2 | would be a felony;
| ||||||
3 | (q) A person who is not a resident of the State of | ||||||
4 | Illinois, except as provided in subsection (a-10) of | ||||||
5 | Section 4; | ||||||
6 | (r) A person who has been adjudicated as a mentally | ||||||
7 | disabled person; | ||||||
8 | (s) A person who has been found to be developmentally | ||||||
9 | disabled; | ||||||
10 | (t) A person involuntarily admitted into a mental | ||||||
11 | health facility; or | ||||||
12 | (u) A person who has had his or her Firearm Owner's | ||||||
13 | Identification Card revoked or denied under subsection (e) | ||||||
14 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
15 | (a) of Section 4 of this Act because he or she was a | ||||||
16 | patient in a mental health facility as provided in | ||||||
17 | subsection (e) of this Section, shall not be permitted to | ||||||
18 | obtain a Firearm Owner's Identification Card, after the | ||||||
19 | 5-year period has lapsed, unless he or she has received a | ||||||
20 | mental health evaluation by a physician, clinical | ||||||
21 | psychologist, or qualified examiner as those terms are | ||||||
22 | defined in the Mental Health and Developmental | ||||||
23 | Disabilities Code, and has received a certification that he | ||||||
24 | or she is not a clear and present danger to himself, | ||||||
25 | herself, or others. The physician, clinical psychologist, | ||||||
26 | or qualified examiner making the certification and his or |
| |||||||
| |||||||
1 | her employer shall not be held criminally, civilly, or | ||||||
2 | professionally liable for making or not making the | ||||||
3 | certification required under this subsection, except for | ||||||
4 | willful or wanton misconduct. This subsection does not | ||||||
5 | apply to a person whose firearm possession rights have been | ||||||
6 | restored through administrative or judicial action under | ||||||
7 | Section 10 or 11 of this Act. | ||||||
8 | Upon revocation of a person's Firearm Owner's | ||||||
9 | Identification Card, the Department of State Police shall | ||||||
10 | provide notice to the person and the person shall comply with | ||||||
11 | Section 9.5 of this Act. | ||||||
12 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
13 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
14 | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. | ||||||
15 | 7-16-14.)
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
|