| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||
5 | amended by changing Section 8 as follows:
| |||||||||||||||||||||
6 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| |||||||||||||||||||||
7 | Sec. 8. Grounds for denial and revocation. The Illinois | |||||||||||||||||||||
8 | State Police has authority to deny an
application for or to | |||||||||||||||||||||
9 | revoke and seize a Firearm Owner's Identification
Card | |||||||||||||||||||||
10 | previously issued under this Act only if the Illinois State | |||||||||||||||||||||
11 | Police finds that the
applicant or the person to whom such card | |||||||||||||||||||||
12 | was issued is or was at the time
of issuance:
| |||||||||||||||||||||
13 | (a) A person under 21 years of age who has been | |||||||||||||||||||||
14 | convicted of a
misdemeanor other than a traffic offense or | |||||||||||||||||||||
15 | adjudged delinquent;
| |||||||||||||||||||||
16 | (b) This subsection (b) applies through the 180th day | |||||||||||||||||||||
17 | following July 12, 2019 (the effective date of Public Act | |||||||||||||||||||||
18 | 101-80). A person under 21 years of age who does not have | |||||||||||||||||||||
19 | the written consent
of his parent or guardian to acquire | |||||||||||||||||||||
20 | and possess firearms and firearm
ammunition, or whose | |||||||||||||||||||||
21 | parent or guardian has revoked such written consent,
or | |||||||||||||||||||||
22 | where such parent or guardian does not qualify to have a | |||||||||||||||||||||
23 | Firearm Owner's
Identification Card; |
| |||||||
| |||||||
1 | (b-5) This subsection (b-5) applies on and after the | ||||||
2 | 181st day following July 12, 2019 (the effective date of | ||||||
3 | Public Act 101-80). A person under 21 years of age who is | ||||||
4 | not an active duty member of the United States Armed | ||||||
5 | Forces and does not have the written consent
of his or her | ||||||
6 | parent or guardian to acquire and possess firearms and | ||||||
7 | firearm
ammunition, or whose parent or guardian has | ||||||
8 | revoked such written consent,
or where such parent or | ||||||
9 | guardian does not qualify to have a Firearm Owner's
| ||||||
10 | Identification Card;
| ||||||
11 | (c) A person convicted of a felony under the laws of | ||||||
12 | this or any other
jurisdiction;
| ||||||
13 | (d) A person addicted to narcotics;
| ||||||
14 | (e) A person who has been a patient of a mental health | ||||||
15 | facility within the
past 5 years or a person who has been a | ||||||
16 | patient in a mental health facility more than 5 years ago | ||||||
17 | who has not received the certification required under | ||||||
18 | subsection (u) of this Section. An active law enforcement | ||||||
19 | officer employed by a unit of government or a Department | ||||||
20 | of Corrections employee authorized to possess firearms who | ||||||
21 | is denied, revoked, or has his or her Firearm Owner's | ||||||
22 | Identification Card seized under this subsection (e) may | ||||||
23 | obtain relief as described in subsection (c-5) of Section | ||||||
24 | 10 of this Act if the officer or employee did not act in a | ||||||
25 | manner threatening to the officer or employee, another | ||||||
26 | person, or the public as determined by the treating |
| |||||||
| |||||||
1 | clinical psychologist or physician, and the officer or | ||||||
2 | employee seeks mental health treatment;
| ||||||
3 | (f) A person whose mental condition is of such a | ||||||
4 | nature that it poses
a clear and present danger to the | ||||||
5 | applicant, any other person or persons, or
the community;
| ||||||
6 | (g) A person who has an intellectual disability;
| ||||||
7 | (h) A person who intentionally makes a false statement | ||||||
8 | in the Firearm
Owner's Identification Card application;
| ||||||
9 | (i) A noncitizen who is unlawfully present in
the | ||||||
10 | United States under the laws of the United States;
| ||||||
11 | (i-5) A noncitizen who has been admitted to the United | ||||||
12 | States under a
non-immigrant visa (as that term is defined | ||||||
13 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
14 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
15 | (i-5) does not apply to any noncitizen who has been | ||||||
16 | lawfully admitted to
the United States under a | ||||||
17 | non-immigrant visa if that noncitizen is:
| ||||||
18 | (1) admitted to the United States for lawful | ||||||
19 | hunting or sporting purposes;
| ||||||
20 | (2) an official representative of a foreign | ||||||
21 | government who is:
| ||||||
22 | (A) accredited to the United States Government | ||||||
23 | or the Government's
mission to an international | ||||||
24 | organization having its headquarters in the United
| ||||||
25 | States; or
| ||||||
26 | (B) en route to or from another country to |
| |||||||
| |||||||
1 | which that noncitizen is
accredited;
| ||||||
2 | (3) an official of a foreign government or | ||||||
3 | distinguished foreign visitor
who has been so | ||||||
4 | designated by the Department of State;
| ||||||
5 | (4) a foreign law enforcement officer of a | ||||||
6 | friendly foreign government
entering the United States | ||||||
7 | on official business; or
| ||||||
8 | (5) one who has received a waiver from the | ||||||
9 | Attorney General of the United
States pursuant to 18 | ||||||
10 | U.S.C. 922(y)(3);
| ||||||
11 | (j) (Blank);
| ||||||
12 | (k) A person who has been convicted within the past 5 | ||||||
13 | years of battery,
assault, aggravated assault, violation | ||||||
14 | of an order of protection, or a
substantially similar | ||||||
15 | offense in another jurisdiction, in which a firearm was
| ||||||
16 | used or possessed;
| ||||||
17 | (l) A person who has been convicted of domestic | ||||||
18 | battery, aggravated domestic battery, or a substantially
| ||||||
19 | similar offense in another jurisdiction committed before, | ||||||
20 | on or after January 1, 2012 (the effective date of Public | ||||||
21 | Act 97-158). If the applicant or person who has been | ||||||
22 | previously issued a Firearm Owner's Identification Card | ||||||
23 | under this Act knowingly and intelligently waives the | ||||||
24 | right to have an offense described in this paragraph (l) | ||||||
25 | tried by a jury, and by guilty plea or otherwise, results | ||||||
26 | in a conviction for an offense in which a domestic |
| |||||||
| |||||||
1 | relationship is not a required element of the offense but | ||||||
2 | in which a determination of the applicability of 18 U.S.C. | ||||||
3 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
4 | Criminal Procedure of 1963, an entry by the court of a | ||||||
5 | judgment of conviction for that offense shall be grounds | ||||||
6 | for denying an application for and for revoking and | ||||||
7 | seizing a Firearm Owner's Identification Card previously | ||||||
8 | issued to the person under this Act;
| ||||||
9 | (m) (Blank);
| ||||||
10 | (n) A person who is prohibited from acquiring or | ||||||
11 | possessing
firearms or firearm ammunition by any Illinois | ||||||
12 | State statute or by federal
law;
| ||||||
13 | (o) A minor subject to a petition filed under Section | ||||||
14 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
15 | minor is a delinquent minor for
the commission of an | ||||||
16 | offense that if committed by an adult would be a felony;
| ||||||
17 | (p) An adult who had been adjudicated a delinquent | ||||||
18 | minor under the Juvenile
Court Act of 1987 for the | ||||||
19 | commission of an offense that if committed by an
adult | ||||||
20 | would be a felony;
| ||||||
21 | (q) A person who is not a resident of the State of | ||||||
22 | Illinois, except as provided in subsection (a-10) of | ||||||
23 | Section 4; | ||||||
24 | (r) A person who has been adjudicated as a person with | ||||||
25 | a mental disability; | ||||||
26 | (s) A person who has been found to have a |
| |||||||
| |||||||
1 | developmental disability; | ||||||
2 | (t) A person involuntarily admitted into a mental | ||||||
3 | health facility; or | ||||||
4 | (u) A person who has had his or her Firearm Owner's | ||||||
5 | Identification Card revoked or denied under subsection (e) | ||||||
6 | of this Section or item (iv) of paragraph (2) of | ||||||
7 | subsection (a) of Section 4 of this Act because he or she | ||||||
8 | was a patient in a mental health facility as provided in | ||||||
9 | subsection (e) of this Section, shall not be permitted to | ||||||
10 | obtain a Firearm Owner's Identification Card, after the | ||||||
11 | 5-year period has lapsed, unless he or she has received a | ||||||
12 | mental health evaluation by a physician, clinical | ||||||
13 | psychologist, or qualified examiner as those terms are | ||||||
14 | defined in the Mental Health and Developmental | ||||||
15 | Disabilities Code, and has received a certification that | ||||||
16 | he or she is not a clear and present danger to himself, | ||||||
17 | herself, or others. The physician, clinical psychologist, | ||||||
18 | or qualified examiner making the certification and his or | ||||||
19 | her employer shall not be held criminally, civilly, or | ||||||
20 | professionally liable for making or not making the | ||||||
21 | certification required under this subsection, except for | ||||||
22 | willful or wanton misconduct. This subsection does not | ||||||
23 | apply to a person whose firearm possession rights have | ||||||
24 | been restored through administrative or judicial action | ||||||
25 | under Section 10 or 11 of this Act ; or | ||||||
26 | (v) A person convicted of a third or subsequent |
| |||||||
| |||||||
1 | violation of Section 24-4.1 of the Criminal Code of 2012 . | ||||||
2 | Upon revocation of a person's Firearm Owner's | ||||||
3 | Identification Card, the Illinois State Police shall provide | ||||||
4 | notice to the person and the person shall comply with Section | ||||||
5 | 9.5 of this Act. | ||||||
6 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
7 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
8 | 5-27-22.)
| ||||||
9 | Section 10. The Criminal Code of 2012 is amended by | ||||||
10 | changing Section 24-4.1 as follows: | ||||||
11 | (720 ILCS 5/24-4.1)
| ||||||
12 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
13 | (a) If a person who possesses a valid Firearm Owner's | ||||||
14 | Identification Card and who possesses or acquires a firearm | ||||||
15 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
16 | the person, the person must report the loss or theft to the | ||||||
17 | local law enforcement agency within 72 hours after obtaining | ||||||
18 | knowledge of the loss or theft. | ||||||
19 | (b) A law enforcement agency having jurisdiction shall | ||||||
20 | take a written report and shall, as soon as practical, enter | ||||||
21 | the firearm's serial number as stolen into the Law Enforcement | ||||||
22 | Agencies Data System (LEADS). | ||||||
23 | (c) A person shall not be in violation of this Section if: | ||||||
24 | (1) the failure to report is due to an act of God, act |
| |||||||
| |||||||
1 | of war, or inability of a law enforcement agency to | ||||||
2 | receive the report; | ||||||
3 | (2) the person is hospitalized, in a coma, or is | ||||||
4 | otherwise seriously physically or mentally impaired as to | ||||||
5 | prevent the person from reporting; or | ||||||
6 | (3) the person's designee makes a report if the person | ||||||
7 | is unable to make the report. | ||||||
8 | (d) Sentence. A person who violates this Section is guilty | ||||||
9 | of a petty offense for a first violation. A second or | ||||||
10 | subsequent violation of this Section is a Class A misdemeanor. | ||||||
11 | The Firearm Owner's Identification Card of a person convicted | ||||||
12 | of a third or subsequent violation of this Section shall be | ||||||
13 | revoked.
| ||||||
14 | (Source: P.A. 98-508, eff. 8-19-13.)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|