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09500HB2760ham001 |
- 2 - |
LRB095 00964 RLC 51071 a |
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1 |
| written consent
of his parent or guardian to acquire and |
2 |
| possess firearms and firearm
ammunition, or whose parent or |
3 |
| guardian has revoked such written consent,
or where such parent |
4 |
| or guardian does not qualify to have a Firearm Owner's
|
5 |
| Identification Card;
|
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| (c) A person convicted of a felony under the laws of this |
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| or any other
jurisdiction;
|
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| (d) A person addicted to narcotics;
|
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| (e) A person who has been a patient of a mental institution |
10 |
| within the
past 5 years;
|
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| (f) A person whose mental condition is of such a nature |
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| that it poses
a clear and present danger to the applicant, any |
13 |
| other person or persons or
the community;
|
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| For the purposes of this Section, "mental condition" means |
15 |
| a state of
mind manifested by violent, suicidal, threatening or |
16 |
| assaultive behavior.
|
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| (g) A person who is mentally retarded;
|
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| (h) A person who intentionally makes a false statement in |
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| the Firearm
Owner's Identification Card application;
|
20 |
| (i) An alien who is unlawfully present in
the United States |
21 |
| under the laws of the United States;
|
22 |
| (i-5) An alien who has been admitted to the United States |
23 |
| under a
non-immigrant visa (as that term is defined in Section |
24 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. |
25 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply |
26 |
| to any alien who has been lawfully admitted to
the United |
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09500HB2760ham001 |
- 3 - |
LRB095 00964 RLC 51071 a |
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| States under a non-immigrant visa if that alien is:
|
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| (1) admitted to the United States for lawful hunting or |
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| sporting purposes;
|
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| (2) an official representative of a foreign government |
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| who is:
|
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| (A) accredited to the United States Government or |
7 |
| the Government's
mission to an international |
8 |
| organization having its headquarters in the United
|
9 |
| States; or
|
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| (B) en route to or from another country to which |
11 |
| that alien is
accredited;
|
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| (3) an official of a foreign government or |
13 |
| distinguished foreign visitor
who has been so designated by |
14 |
| the Department of State;
|
15 |
| (4) a foreign law enforcement officer of a friendly |
16 |
| foreign government
entering the United States on official |
17 |
| business; or
|
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| (5) one who has received a waiver from the Attorney |
19 |
| General of the United
States pursuant to 18 U.S.C. |
20 |
| 922(y)(3);
|
21 |
| (j) A person who is subject to an existing order of |
22 |
| protection prohibiting
him or her from possessing a firearm;
|
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| (k) A person who has been convicted within the past 5 years |
24 |
| of battery,
assault, aggravated assault, violation of an order |
25 |
| of protection, or a
substantially similar offense in another |
26 |
| jurisdiction, in which a firearm was
used or possessed;
|
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09500HB2760ham001 |
- 4 - |
LRB095 00964 RLC 51071 a |
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1 |
| (l) A person who has been convicted of domestic battery or |
2 |
| a substantially
similar offense in another jurisdiction |
3 |
| committed on or after January 1,
1998;
|
4 |
| (m) A person who has been convicted within the past 5 years |
5 |
| of domestic
battery or a substantially similar offense in |
6 |
| another jurisdiction committed
before January 1, 1998;
|
7 |
| (n) A person who is prohibited from acquiring or possessing
|
8 |
| firearms or firearm ammunition by any Illinois State statute or |
9 |
| by federal
law;
|
10 |
| (o) A minor subject to a petition filed under Section 5-520 |
11 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a |
12 |
| delinquent minor for
the commission of an offense that if |
13 |
| committed by an adult would be a felony;
or
|
14 |
| (p) An adult who had been adjudicated a delinquent minor |
15 |
| under the Juvenile
Court Act of 1987 for the commission of an |
16 |
| offense that if committed by an
adult would be a felony.
|
17 |
| The Department of State Police may revoke and seize a |
18 |
| Firearm Owner's Identification
Card previously issued under |
19 |
| this Act of a person who fails to report the loss or theft of a |
20 |
| handgun a second time to the Department within 72 hours after |
21 |
| obtaining knowledge of the second loss or theft.
|
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| (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
|
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| (Text of Section after amendment by P.A. 95-581 )
|
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| Sec. 8. The Department of State Police has authority to |
25 |
| deny an
application for or to revoke and seize a Firearm |
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09500HB2760ham001 |
- 5 - |
LRB095 00964 RLC 51071 a |
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|
1 |
| Owner's Identification
Card previously issued under this Act |
2 |
| only if the Department finds that the
applicant or the person |
3 |
| to whom such card was issued is or was at the time
of issuance:
|
4 |
| (a) A person under 21 years of age who has been convicted |
5 |
| of a
misdemeanor other than a traffic offense or adjudged |
6 |
| delinquent;
|
7 |
| (b) A person under 21 years of age who does not have the |
8 |
| written consent
of his parent or guardian to acquire and |
9 |
| possess firearms and firearm
ammunition, or whose parent or |
10 |
| guardian has revoked such written consent,
or where such parent |
11 |
| or guardian does not qualify to have a Firearm Owner's
|
12 |
| Identification Card;
|
13 |
| (c) A person convicted of a felony under the laws of this |
14 |
| or any other
jurisdiction;
|
15 |
| (d) A person addicted to narcotics;
|
16 |
| (e) A person who has been a patient of a mental institution |
17 |
| within the
past 5 years or has been adjudicated as a mental |
18 |
| defective;
|
19 |
| (f) A person whose mental condition is of such a nature |
20 |
| that it poses
a clear and present danger to the applicant, any |
21 |
| other person or persons or
the community;
|
22 |
| For the purposes of this Section, "mental condition" means |
23 |
| a state of
mind manifested by violent, suicidal, threatening or |
24 |
| assaultive behavior.
|
25 |
| (g) A person who is mentally retarded;
|
26 |
| (h) A person who intentionally makes a false statement in |
|
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|
09500HB2760ham001 |
- 6 - |
LRB095 00964 RLC 51071 a |
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|
1 |
| the Firearm
Owner's Identification Card application;
|
2 |
| (i) An alien who is unlawfully present in
the United States |
3 |
| under the laws of the United States;
|
4 |
| (i-5) An alien who has been admitted to the United States |
5 |
| under a
non-immigrant visa (as that term is defined in Section |
6 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. |
7 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply |
8 |
| to any alien who has been lawfully admitted to
the United |
9 |
| States under a non-immigrant visa if that alien is:
|
10 |
| (1) admitted to the United States for lawful hunting or |
11 |
| sporting purposes;
|
12 |
| (2) an official representative of a foreign government |
13 |
| who is:
|
14 |
| (A) accredited to the United States Government or |
15 |
| the Government's
mission to an international |
16 |
| organization having its headquarters in the United
|
17 |
| States; or
|
18 |
| (B) en route to or from another country to which |
19 |
| that alien is
accredited;
|
20 |
| (3) an official of a foreign government or |
21 |
| distinguished foreign visitor
who has been so designated by |
22 |
| the Department of State;
|
23 |
| (4) a foreign law enforcement officer of a friendly |
24 |
| foreign government
entering the United States on official |
25 |
| business; or
|
26 |
| (5) one who has received a waiver from the Attorney |
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|
|
09500HB2760ham001 |
- 7 - |
LRB095 00964 RLC 51071 a |
|
|
1 |
| General of the United
States pursuant to 18 U.S.C. |
2 |
| 922(y)(3);
|
3 |
| (j) A person who is subject to an existing order of |
4 |
| protection prohibiting
him or her from possessing a firearm;
|
5 |
| (k) A person who has been convicted within the past 5 years |
6 |
| of battery,
assault, aggravated assault, violation of an order |
7 |
| of protection, or a
substantially similar offense in another |
8 |
| jurisdiction, in which a firearm was
used or possessed;
|
9 |
| (l) A person who has been convicted of domestic battery or |
10 |
| a substantially
similar offense in another jurisdiction |
11 |
| committed on or after January 1,
1998;
|
12 |
| (m) A person who has been convicted within the past 5 years |
13 |
| of domestic
battery or a substantially similar offense in |
14 |
| another jurisdiction committed
before January 1, 1998;
|
15 |
| (n) A person who is prohibited from acquiring or possessing
|
16 |
| firearms or firearm ammunition by any Illinois State statute or |
17 |
| by federal
law;
|
18 |
| (o) A minor subject to a petition filed under Section 5-520 |
19 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a |
20 |
| delinquent minor for
the commission of an offense that if |
21 |
| committed by an adult would be a felony;
or
|
22 |
| (p) An adult who had been adjudicated a delinquent minor |
23 |
| under the Juvenile
Court Act of 1987 for the commission of an |
24 |
| offense that if committed by an
adult would be a felony.
|
25 |
| The Department of State Police may revoke and seize a |
26 |
| Firearm Owner's Identification
Card previously issued under |
|
|
|
09500HB2760ham001 |
- 8 - |
LRB095 00964 RLC 51071 a |
|
|
1 |
| this Act of a person who fails to report the loss or theft of a |
2 |
| handgun a second time to the Department within 72 hours after |
3 |
| obtaining knowledge of the second loss or theft.
|
4 |
| (Source: P.A. 95-581, eff. 6-1-08.)
|
5 |
| Section 10. The Criminal Code of 1961 is amended by adding |
6 |
| Section 24-4.1 as follows: |
7 |
| (720 ILCS 5/24-4.1 new)
|
8 |
| Sec. 24-4.1. Report of lost or stolen handguns.
|
9 |
| (a) If a person who possesses a valid Firearm Owner's |
10 |
| Identification Card and who possesses or acquires a handgun |
11 |
| thereafter loses or misplaces the handgun, or if the handgun is |
12 |
| stolen from the person, the person must report the loss or |
13 |
| theft to the Department of State Police within 72 hours after |
14 |
| obtaining knowledge of the loss or theft. |
15 |
| (b) Sentence. A person who violates this Section is guilty |
16 |
| of a petty offense for a first violation. A second or |
17 |
| subsequent violation of this Section is a Class A misdemeanor.
|
18 |
| Section 95. No acceleration or delay. Where this Act makes |
19 |
| changes in a statute that is represented in this Act by text |
20 |
| that is not yet or no longer in effect (for example, a Section |
21 |
| represented by multiple versions), the use of that text does |
22 |
| not accelerate or delay the taking effect of (i) the changes |
23 |
| made by this Act or (ii) provisions derived from any other |