SB0031sam001 96TH GENERAL ASSEMBLY

Sen. Heather Steans

Filed: 2/25/2009

09600SB0031sam001 LRB096 03480 RLC 22403 a

AMENDMENT TO SENATE BILL 31

AMENDMENT NO. ______. Amend Senate Bill 31 by replacing everything after the enacting clause with the following:

"Section 5. The Firearm Owners Identification Card Act is amended by changing Section 8 as follows:

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(b-5) A parent or guardian of a child under 18 years of age who resides with that parent or guardian, who because of a failure to undertake reasonable precautions, such as those specified in Section 24-9 of the Criminal Code of 1961, is unable to prevent his or her child under 18 years of age from gaining access to a firearm when:

(1) The child upon 2 or more occasions has had possession of his or her parent or guardian's firearm without the permission of the parent or guardian, as evidenced through documentation in any arrest record, juvenile court record, or other public court record; and

(2) The child either:

(i) meets the criteria for a severe or major mood disorder, or meets the criteria for a severe conduct disorder, either as evidenced by behavior such as forced sex, physical cruelty, use of a weapon, stealing while confronting a victim, breaking and entering, or as defined in the DSM-IV-TR published by the American Psychiatric Association; or

(ii) has been adjudicated a delinquent minor for acts involving aggressive or violent behavior.

However, the authority provided to the Department of State Police under this subsection (b-5) to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act shall not be the basis to deny an application for a Firearm Owner's Identification Card or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act, if the child under 18 years of age no longer resides with the parent or guardian described in this subsection (b-5);

(c) A person convicted of a felony under the laws of this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a mental defective;

(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.

(g) A person who is mentally retarded;

(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United States under the laws of the United States;

(i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) A person who is subject to an existing order of protection prohibiting him or her from possessing a firearm;

(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

(l) A person who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;

(m) A person who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998;

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; or

(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.

(Source: P.A. 95-581, eff. 6-1-08.)".