HB1461eng 97TH GENERAL ASSEMBLY

HB1461 Engrossed LRB097 10087 RLC 50266 b

AN ACT concerning firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearm Owners Identification Card Act is amended by changing Section 8 and by adding Section 8.3 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;

(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) (Blank);

(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; or .

(q) A student or former student of a secondary school or institution of higher learning who has been identified by the administration of that school or institution as a person who has acted in a mentally erratic or violent nature while enrolled, thereby creating a possible threat to the safety of the student body, faculty, or staff of the school or institution. For the purposes of this paragraph (q) and Section 8.3 of this Act, "secondary school" means a public or private institution that provides education for any of grades 9 through 12 or their equivalent; and "institution of higher learning" means a public or private college, university, or community college located in the State of Illinois that is authorized by the Board of Higher Education or the Illinois Community College Board to issue post-secondary degrees.

(Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)

(430 ILCS 65/8.3 new)

Sec. 8.3. Secondary schools and institutions of higher learning may report mentally erratic or violent behavior by students and former students to the local law enforcement agency. Secondary schools and institutions of higher learning that wish to report mentally erratic or violent behavior by students and former students for purposes of revocation of an individual's Firearm Owner's Identification Card shall first report the incidents to the local law enforcement agency of jurisdiction. Upon investigation of the purported incidents of mentally erratic or violent behavior, the local law enforcement agency of jurisdiction may report the information to the Department of State Police. The Department of State Police may use such information to determine whether to deny an application for or to revoke and seize the student or former student's Firearm Owner's Identification Card under paragraph (q) of Section 8 of this Act. If the Department of State Police acts to suspend or revoke the student or former student's Firearm Owner's Identification Card, the local law enforcement agency of jurisdiction for the secondary school or institution of higher learning where the incidents of mentally erratic or violent behavior occurred may seize the student or former student's Firearm Owner's Identification Card and forward it to the Department of State Police. The administration of a secondary school or institution of higher learning that reports mentally erratic or violent behavior to the local law enforcement agency of jurisdiction who subsequently reports to the Department of State Police is presumed to have acted in good faith and is immune from civil or criminal liability for making such report and the consequences of such report.