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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 1. This Act may be referred to as the FOID White | |||||||||||||||||||||
5 | Flag Act. | |||||||||||||||||||||
6 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||
7 | amended by changing Sections 8 and 8.1 as follows:
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8 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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9 | Sec. 8. Grounds for denial and revocation. The Illinois | |||||||||||||||||||||
10 | State Police has authority to deny an
application for or to | |||||||||||||||||||||
11 | revoke and seize a Firearm Owner's Identification
Card | |||||||||||||||||||||
12 | previously issued under this Act only if the Illinois State | |||||||||||||||||||||
13 | Police Department finds that the
applicant or the person to | |||||||||||||||||||||
14 | whom such card was issued is or was at the time
of issuance:
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15 | (a) A person under 21 years of age who has been | |||||||||||||||||||||
16 | convicted of a
misdemeanor other than a traffic offense or | |||||||||||||||||||||
17 | adjudged delinquent;
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18 | (b) This subsection (b) applies through the 180th day | |||||||||||||||||||||
19 | following July 12, 2019 ( the effective date of Public Act | |||||||||||||||||||||
20 | 101-80) this amendatory Act of the 101st General Assembly . | |||||||||||||||||||||
21 | A person under 21 years of age who does not have the | |||||||||||||||||||||
22 | written consent
of his parent or guardian to acquire and |
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1 | possess firearms and firearm
ammunition, or whose parent | ||||||
2 | or guardian has revoked such written consent,
or where | ||||||
3 | such parent or guardian does not qualify to have a Firearm | ||||||
4 | Owner's
Identification Card; | ||||||
5 | (b-5) This subsection (b-5) applies on and after the | ||||||
6 | 181st day following July 12, 2019 ( the effective date of | ||||||
7 | Public Act 101-80) this amendatory Act of the 101st | ||||||
8 | General Assembly . A person under 21 years of age who is not | ||||||
9 | an active duty member of the United States Armed Forces | ||||||
10 | and does not have the written consent
of his or her parent | ||||||
11 | or guardian to acquire and possess firearms and firearm
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12 | ammunition, or whose parent or guardian has revoked such | ||||||
13 | written consent,
or where such parent or guardian does not | ||||||
14 | qualify to have a Firearm Owner's
Identification Card;
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15 | (c) A person convicted of a felony under the laws of | ||||||
16 | this or any other
jurisdiction;
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17 | (d) A person addicted to narcotics;
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18 | (e) A person who has been a patient of a mental health | ||||||
19 | facility within the
past 5 years or a person who has been a | ||||||
20 | patient in a mental health facility more than 5 years ago | ||||||
21 | who has not received the certification required under | ||||||
22 | subsection (u) of this Section. An active law enforcement | ||||||
23 | officer employed by a unit of government or a Department | ||||||
24 | of Corrections employee authorized to possess firearms who | ||||||
25 | is denied, revoked, or has his or her Firearm Owner's | ||||||
26 | Identification Card seized under this subsection (e) may |
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1 | obtain relief as described in subsection (c-5) of Section | ||||||
2 | 10 of this Act if the officer or employee did not act in a | ||||||
3 | manner threatening to the officer or employee, another | ||||||
4 | person, or the public as determined by the treating | ||||||
5 | clinical psychologist or physician, and the officer or | ||||||
6 | employee seeks mental health treatment;
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7 | (f) A person whose mental condition is of such a | ||||||
8 | nature that it poses
a clear and present danger to the | ||||||
9 | applicant, any other person or persons , or
the community;
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10 | (f-5) A minor who has caused or attempted to cause | ||||||
11 | physical self-harm or harm to another. There is a | ||||||
12 | rebuttable presumption that a person who is ineligible for | ||||||
13 | a Firearm Owner's Identification Card under this | ||||||
14 | subsection is also ineligible under subsection (f) until | ||||||
15 | the age of 24 years; | ||||||
16 | (g) A person who has an intellectual disability;
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17 | (h) A person who intentionally makes a false statement | ||||||
18 | in the Firearm
Owner's Identification Card application;
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19 | (i) An alien who is unlawfully present in
the United | ||||||
20 | States under the laws of the United States;
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21 | (i-5) An alien who has been admitted to the United | ||||||
22 | States under a
non-immigrant visa (as that term is defined | ||||||
23 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
24 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
25 | (i-5) does not apply to any alien who has been lawfully | ||||||
26 | admitted to
the United States under a non-immigrant visa |
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1 | if that alien is:
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2 | (1) admitted to the United States for lawful | ||||||
3 | hunting or sporting purposes;
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4 | (2) an official representative of a foreign | ||||||
5 | government who is:
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6 | (A) accredited to the United States Government | ||||||
7 | or the Government's
mission to an international | ||||||
8 | organization having its headquarters in the United
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9 | States; or
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10 | (B) en route to or from another country to | ||||||
11 | which that alien is
accredited;
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12 | (3) an official of a foreign government or | ||||||
13 | distinguished foreign visitor
who has been so | ||||||
14 | designated by the Department of State;
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15 | (4) a foreign law enforcement officer of a | ||||||
16 | friendly foreign government
entering the United States | ||||||
17 | on official business; or
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18 | (5) one who has received a waiver from the | ||||||
19 | Attorney General of the United
States pursuant to 18 | ||||||
20 | U.S.C. 922(y)(3);
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21 | (j) (Blank);
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22 | (k) A person who has been convicted within the past 5 | ||||||
23 | years of battery,
assault, aggravated assault, violation | ||||||
24 | of an order of protection, or a
substantially similar | ||||||
25 | offense in another jurisdiction, in which a firearm was
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26 | used or possessed;
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1 | (l) A person who has been convicted of domestic | ||||||
2 | battery, aggravated domestic battery, or a substantially
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3 | similar offense in another jurisdiction committed before, | ||||||
4 | on or after January 1, 2012 (the effective date of Public | ||||||
5 | Act 97-158). If the applicant or person who has been | ||||||
6 | previously issued a Firearm Owner's Identification Card | ||||||
7 | under this Act knowingly and intelligently waives the | ||||||
8 | right to have an offense described in this paragraph (l) | ||||||
9 | tried by a jury, and by guilty plea or otherwise, results | ||||||
10 | in a conviction for an offense in which a domestic | ||||||
11 | relationship is not a required element of the offense but | ||||||
12 | in which a determination of the applicability of 18 U.S.C. | ||||||
13 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
14 | Criminal Procedure of 1963, an entry by the court of a | ||||||
15 | judgment of conviction for that offense shall be grounds | ||||||
16 | for denying an application for and for revoking and | ||||||
17 | seizing a Firearm Owner's Identification Card previously | ||||||
18 | issued to the person under this Act;
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19 | (m) (Blank);
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20 | (n) A person who is prohibited from acquiring or | ||||||
21 | possessing
firearms or firearm ammunition by any Illinois | ||||||
22 | State statute or by federal
law;
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23 | (o) A minor subject to a petition filed under Section | ||||||
24 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
25 | minor is a delinquent minor for
the commission of an | ||||||
26 | offense that if committed by an adult would be a felony;
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1 | (p) An adult who had been adjudicated a delinquent | ||||||
2 | minor under the Juvenile
Court Act of 1987 for the | ||||||
3 | commission of an offense that if committed by an
adult | ||||||
4 | would be a felony;
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5 | (q) A person who is not a resident of the State of | ||||||
6 | Illinois, except as provided in subsection (a-10) of | ||||||
7 | Section 4; | ||||||
8 | (r) A person who has been adjudicated as a person with | ||||||
9 | a mental disability; | ||||||
10 | (s) A person who has been found to have a | ||||||
11 | developmental disability; | ||||||
12 | (t) A person involuntarily admitted into a mental | ||||||
13 | health facility; or | ||||||
14 | (u) A person who has had his or her Firearm Owner's | ||||||
15 | Identification Card revoked or denied under subsection (e) | ||||||
16 | of this Section or item (iv) of paragraph (2) of | ||||||
17 | subsection (a) of Section 4 of this Act because he or she | ||||||
18 | was a patient in a mental health facility as provided in | ||||||
19 | subsection (e) of this Section, shall not be permitted to | ||||||
20 | obtain a Firearm Owner's Identification Card, after the | ||||||
21 | 5-year period has lapsed, unless he or she has received a | ||||||
22 | mental health evaluation by a physician, clinical | ||||||
23 | psychologist, or qualified examiner as those terms are | ||||||
24 | defined in the Mental Health and Developmental | ||||||
25 | Disabilities Code, and has received a certification that | ||||||
26 | he or she is not a clear and present danger to himself, |
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1 | herself, or others. The physician, clinical psychologist, | ||||||
2 | or qualified examiner making the certification and his or | ||||||
3 | her employer shall not be held criminally, civilly, or | ||||||
4 | professionally liable for making or not making the | ||||||
5 | certification required under this subsection, except for | ||||||
6 | willful or wanton misconduct. This subsection does not | ||||||
7 | apply to a person whose firearm possession rights have | ||||||
8 | been restored through administrative or judicial action | ||||||
9 | under Section 10 or 11 of this Act. | ||||||
10 | Upon revocation of a person's Firearm Owner's | ||||||
11 | Identification Card, the Illinois State Police shall provide | ||||||
12 | notice to the person and the person shall comply with Section | ||||||
13 | 9.5 of this Act. | ||||||
14 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
15 | 102-645, eff. 1-1-22; revised 10-14-21.)
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16 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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17 | Sec. 8.1. Notifications to the Illinois State Police.
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18 | (a) The Circuit Clerk shall, in the form and manner | ||||||
19 | required by the
Supreme Court, notify the Illinois State | ||||||
20 | Police of all final dispositions
of cases for which the | ||||||
21 | Department has received information reported to it under
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22 | Sections 2.1 and 2.2 of the Criminal Identification Act.
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23 | (b) Upon adjudication of any individual as a person with a | ||||||
24 | mental disability as defined in Section 1.1 of this Act or a | ||||||
25 | finding that a person has been involuntarily admitted, the |
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1 | court shall direct the circuit court clerk to immediately | ||||||
2 | notify the Illinois State Police, Firearm Owner's | ||||||
3 | Identification (FOID) department, and shall forward a copy of | ||||||
4 | the court order to the Department. | ||||||
5 | (b-1) Beginning July 1, 2016, and each July 1 and December | ||||||
6 | 30 of every year thereafter, the circuit court clerk shall, in | ||||||
7 | the form and manner prescribed by the Illinois State Police, | ||||||
8 | notify the Illinois State Police, Firearm Owner's | ||||||
9 | Identification (FOID) department if the court has not directed | ||||||
10 | the circuit court clerk to notify the Illinois State Police, | ||||||
11 | Firearm Owner's Identification (FOID) department under | ||||||
12 | subsection (b) of this Section, within the preceding 6 months, | ||||||
13 | because no person has been adjudicated as a person with a | ||||||
14 | mental disability by the court as defined in Section 1.1 of | ||||||
15 | this Act or if no person has been involuntarily admitted. The | ||||||
16 | Supreme Court may adopt any orders or rules necessary to | ||||||
17 | identify the persons who shall be reported to the Illinois | ||||||
18 | State Police under subsection (b), or any other orders or | ||||||
19 | rules necessary to implement the requirements of this Act. | ||||||
20 | (c) The Department of Human Services shall, in the form | ||||||
21 | and manner prescribed by the Illinois State Police, report all | ||||||
22 | information collected under subsection (b) of Section 12 of | ||||||
23 | the Mental Health and Developmental Disabilities | ||||||
24 | Confidentiality Act for the purpose of determining whether a | ||||||
25 | person who may be or may have been a patient in a mental health | ||||||
26 | facility is disqualified under State or federal law from |
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1 | receiving or retaining a Firearm Owner's Identification Card, | ||||||
2 | or purchasing a weapon. | ||||||
3 | (d) If a person (i) is determined to pose a clear and | ||||||
4 | present danger to himself, herself, or to others ; or (ii) is | ||||||
5 | determined to be a minor who has caused or attempted to cause | ||||||
6 | physical self-harm or harm to another : | ||||||
7 | (1) by a physician, clinical psychologist, or | ||||||
8 | qualified examiner, or is determined to have a | ||||||
9 | developmental disability by a physician, clinical | ||||||
10 | psychologist, or qualified examiner, whether employed by | ||||||
11 | the State or privately, then the physician, clinical | ||||||
12 | psychologist, or qualified examiner shall, within 24 hours | ||||||
13 | of making the determination, notify the Department of | ||||||
14 | Human Services that the person (i) poses a clear and | ||||||
15 | present danger or has a developmental disability ; or (ii) | ||||||
16 | is a minor who was observed causing or attempting to cause | ||||||
17 | physical self-harm or harm to another ; or | ||||||
18 | (2) by a law enforcement official or school | ||||||
19 | administrator, then the law enforcement official or school | ||||||
20 | administrator shall, within 24 hours of making the | ||||||
21 | determination, notify the Illinois State Police that the | ||||||
22 | person (i) poses a clear and present danger ; or (ii) is a | ||||||
23 | minor who was observed causing or attempting to cause | ||||||
24 | physical self-harm or harm to another; or . | ||||||
25 | (3) by any person not listed in paragraph (1) or (2) | ||||||
26 | who observes a minor causing or attempting to cause |
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1 | physical self-harm or harm to another, then the person | ||||||
2 | shall notify the Department of Human Services of the facts | ||||||
3 | and circumstances of the incident. | ||||||
4 | The Department of Human Services shall immediately update | ||||||
5 | its records and information relating to mental health and | ||||||
6 | developmental disabilities, and if appropriate, shall notify | ||||||
7 | the Illinois State Police in a form and manner prescribed by | ||||||
8 | the Illinois State Police. The Illinois State Police shall | ||||||
9 | determine whether to revoke the person's Firearm Owner's | ||||||
10 | Identification Card under Section 8 of this Act. Any | ||||||
11 | information disclosed under this subsection shall remain | ||||||
12 | privileged and confidential, and shall not be redisclosed, | ||||||
13 | except as required under subsection (e) of Section 3.1 of this | ||||||
14 | Act, nor used for any other purpose. The method of providing | ||||||
15 | this information shall guarantee that the information is not | ||||||
16 | released beyond what is necessary for the purpose of this | ||||||
17 | Section and shall be provided by rule by the Department of | ||||||
18 | Human Services. The identity of the person reporting under | ||||||
19 | this Section shall not be disclosed to the subject of the | ||||||
20 | report. The physician, clinical psychologist, qualified | ||||||
21 | examiner, law enforcement official, or school administrator , | ||||||
22 | or other person making the determination and his or her | ||||||
23 | employer shall not be held criminally, civilly, or | ||||||
24 | professionally liable for making or not making the | ||||||
25 | notification required under this subsection, except for | ||||||
26 | willful or wanton misconduct. |
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1 | (e) The Illinois State Police shall adopt rules to | ||||||
2 | implement this Section. | ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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