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1 | AN ACT concerning firearms.
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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 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Sections 4 and 8 as follows:
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6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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7 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
8 | Identification Card must:
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9 | (1) Make application on blank forms prepared and | ||||||
10 | furnished at convenient
locations throughout the State by | ||||||
11 | the Department of State Police, or by
electronic means, if | ||||||
12 | and when made available by the Department of State
Police; | ||||||
13 | and
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14 | (2) Submit evidence to the Department of State Police | ||||||
15 | that:
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16 | (i) He or she is 21 years of age or over, or if he | ||||||
17 | or she is under 21
years of age that he or she has the | ||||||
18 | written consent of his or her parent or
legal guardian | ||||||
19 | to possess and acquire firearms and firearm ammunition | ||||||
20 | and that
he or she has never been convicted of a | ||||||
21 | misdemeanor other than a traffic
offense or adjudged
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22 | delinquent, provided, however, that such parent or | ||||||
23 | legal guardian is not an
individual prohibited from |
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1 | having a Firearm Owner's Identification Card and
files | ||||||
2 | an affidavit with the Department as prescribed by the | ||||||
3 | Department
stating that he or she is not an individual | ||||||
4 | prohibited from having a Card;
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5 | (ii) He or she has not been convicted of a felony | ||||||
6 | under the laws of
this or any other jurisdiction;
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7 | (iii) He or she is not addicted to narcotics;
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8 | (iv) He or she has not been a patient in a mental | ||||||
9 | institution within
the past 5 years and he or she has | ||||||
10 | not been adjudicated as a mental defective . This clause | ||||||
11 | (iv) does not apply to an active law enforcement | ||||||
12 | officer employed by a unit of local government, who (A) | ||||||
13 | as a result of work in law enforcement, and (B) is | ||||||
14 | referred by the employing unit of local government for, | ||||||
15 | or voluntarily seeks, evaluation by a clinical | ||||||
16 | psychologist, psychiatrist, or qualified examiner, and | ||||||
17 | (C) receives care from a clinical psychologist, | ||||||
18 | psychiatrist, or qualified examiner, so long as the | ||||||
19 | officer has not been involuntarily admitted as an | ||||||
20 | inpatient in a mental institution or has not been an | ||||||
21 | inpatient in a mental institution for more than 30 | ||||||
22 | days. "Clinical psychologist", "psychiatrist", and | ||||||
23 | "qualified examiner" shall have the same meaning as | ||||||
24 | provided in Chapter 1 of the Mental Health and | ||||||
25 | Developmental Disabilities Code ;
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26 | (v) He or she is not intellectually disabled;
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1 | (vi) He or she is not an alien who is unlawfully | ||||||
2 | present in the
United States under the laws of the | ||||||
3 | United States;
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4 | (vii) He or she is not subject to an existing order | ||||||
5 | of protection
prohibiting him or her from possessing a | ||||||
6 | firearm;
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7 | (viii) He or she has not been convicted within the | ||||||
8 | past 5 years of
battery, assault, aggravated assault, | ||||||
9 | violation of an order of
protection, or a substantially | ||||||
10 | similar offense in another jurisdiction, in
which a | ||||||
11 | firearm was used or possessed;
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12 | (ix) He or she has not been convicted of domestic | ||||||
13 | battery, aggravated domestic battery, or a
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14 | substantially similar offense in another
jurisdiction | ||||||
15 | committed before, on or after January 1, 2012 ( the | ||||||
16 | effective date of Public Act 97-158) this amendatory | ||||||
17 | Act
of the 97th General Assembly ;
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18 | (x) (Blank);
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19 | (xi) He or she is not an alien who has been | ||||||
20 | admitted to the United
States under a non-immigrant | ||||||
21 | visa (as that term is defined in Section
101(a)(26) of | ||||||
22 | the Immigration and Nationality Act (8 U.S.C. | ||||||
23 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
24 | been lawfully admitted to the United
States under a | ||||||
25 | non-immigrant visa if that alien is:
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26 | (1) admitted to the United States for lawful |
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1 | hunting or sporting
purposes;
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2 | (2) an official representative of a foreign | ||||||
3 | government who is:
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4 | (A) accredited to the United States | ||||||
5 | Government or the Government's
mission to an | ||||||
6 | international organization having its | ||||||
7 | headquarters in the United
States; or
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8 | (B) en route to or from another country to | ||||||
9 | which that alien is
accredited;
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10 | (3) an official of a foreign government or | ||||||
11 | distinguished foreign
visitor who has been so | ||||||
12 | designated by the Department of State;
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13 | (4) a foreign law enforcement officer of a | ||||||
14 | friendly foreign
government entering the United | ||||||
15 | States on official business; or
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16 | (5) one who has received a waiver from the | ||||||
17 | Attorney General of the
United States pursuant to | ||||||
18 | 18 U.S.C. 922(y)(3);
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19 | (xii) He or she is not a minor subject to a | ||||||
20 | petition filed
under Section 5-520 of the Juvenile | ||||||
21 | Court Act of 1987 alleging that the
minor is a | ||||||
22 | delinquent minor for the commission of an offense that | ||||||
23 | if
committed by an adult would be a felony; and
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24 | (xiii) He or she is not an adult who had been | ||||||
25 | adjudicated a delinquent
minor under the Juvenile | ||||||
26 | Court Act of 1987 for the commission of an offense
that |
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1 | if committed by an adult would be a felony; and
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2 | (3) Upon request by the Department of State Police, | ||||||
3 | sign a release on a
form prescribed by the Department of | ||||||
4 | State Police waiving any right to
confidentiality and | ||||||
5 | requesting the disclosure to the Department of State Police
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6 | of limited mental health institution admission information | ||||||
7 | from another state,
the District of Columbia, any other | ||||||
8 | territory of the United States, or a
foreign nation | ||||||
9 | concerning the applicant for the sole purpose of | ||||||
10 | determining
whether the applicant is or was a patient in a | ||||||
11 | mental health institution and
disqualified because of that | ||||||
12 | status from receiving a Firearm Owner's
Identification | ||||||
13 | Card. No mental health care or treatment records may be
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14 | requested. The information received shall be destroyed | ||||||
15 | within one year of
receipt.
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16 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
17 | Card who is over
the age of 18 shall furnish to the Department | ||||||
18 | of State Police either his or
her driver's license number or | ||||||
19 | Illinois Identification Card number.
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20 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
21 | Card,
who is employed as an armed security officer at a nuclear | ||||||
22 | energy,
storage, weapons, or development facility regulated by | ||||||
23 | the Nuclear
Regulatory Commission and who is not an Illinois | ||||||
24 | resident, shall furnish to
the Department of State Police his | ||||||
25 | or her driver's license number or state
identification card | ||||||
26 | number from his or her state of residence. The Department
of |
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1 | State Police may promulgate rules to enforce the provisions of | ||||||
2 | this
subsection (a-10).
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3 | (b) Each application form shall include the following | ||||||
4 | statement printed in
bold type: "Warning: Entering false | ||||||
5 | information on an application for a Firearm
Owner's | ||||||
6 | Identification Card is punishable as a Class 2 felony in | ||||||
7 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
8 | Owners Identification Card
Act.".
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9 | (c) Upon such written consent, pursuant to Section 4, | ||||||
10 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
11 | consent shall be liable for any
damages resulting from the | ||||||
12 | applicant's use of firearms or firearm ammunition.
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13 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised | ||||||
14 | 10-4-11.)
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15 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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16 | Sec. 8. The Department of State Police has authority to | ||||||
17 | deny an
application for or to revoke and seize a Firearm | ||||||
18 | Owner's Identification
Card previously issued under this Act | ||||||
19 | only if the Department finds that the
applicant or the person | ||||||
20 | to whom such card was issued is or was at the time
of issuance:
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21 | (a) A person under 21 years of age who has been convicted | ||||||
22 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
23 | delinquent;
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24 | (b) A person under 21 years of age who does not have the | ||||||
25 | written consent
of his parent or guardian to acquire and |
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1 | possess firearms and firearm
ammunition, or whose parent or | ||||||
2 | guardian has revoked such written consent,
or where such parent | ||||||
3 | or guardian does not qualify to have a Firearm Owner's
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4 | Identification Card;
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5 | (c) A person convicted of a felony under the laws of this | ||||||
6 | or any other
jurisdiction;
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7 | (d) A person addicted to narcotics;
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8 | (e) A person who has been a patient of a mental institution | ||||||
9 | within the
past 5 years or has been adjudicated as a mental | ||||||
10 | defective . This paragraph (e) does not apply to an active law | ||||||
11 | enforcement officer employed by a unit of local government, who | ||||||
12 | (1) as a result of work in law enforcement, and (2) is referred | ||||||
13 | by the employing unit of local government for, or voluntarily | ||||||
14 | seeks, evaluation by a clinical psychologist, psychiatrist, or | ||||||
15 | qualified examiner, and (3) receives care from a clinical | ||||||
16 | psychologist, psychiatrist, or qualified examiner, so long as | ||||||
17 | the officer has not been involuntarily admitted as an inpatient | ||||||
18 | in a mental institution or has not been an inpatient in a | ||||||
19 | mental institution for more than 30 days. "Clinical | ||||||
20 | psychologist", "psychiatrist", and "qualified examiner" shall | ||||||
21 | have the same meaning as provided in Chapter 1 of the Mental | ||||||
22 | Health and Developmental Disabilities Code ;
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23 | (f) A person whose mental condition is of such a nature | ||||||
24 | that it poses
a clear and present danger to the applicant, any | ||||||
25 | other person or persons or
the community;
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26 | For the purposes of this Section, "mental condition" means |
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1 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
2 | assaultive behavior.
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3 | (g) A person who is intellectually disabled;
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4 | (h) A person who intentionally makes a false statement in | ||||||
5 | the Firearm
Owner's Identification Card application;
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6 | (i) An alien who is unlawfully present in
the United States | ||||||
7 | under the laws of the United States;
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8 | (i-5) An alien who has been admitted to the United States | ||||||
9 | under a
non-immigrant visa (as that term is defined in Section | ||||||
10 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
11 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
12 | to any alien who has been lawfully admitted to
the United | ||||||
13 | States under a non-immigrant visa if that alien is:
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14 | (1) admitted to the United States for lawful hunting or | ||||||
15 | sporting purposes;
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16 | (2) an official representative of a foreign government | ||||||
17 | who is:
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18 | (A) accredited to the United States Government or | ||||||
19 | the Government's
mission to an international | ||||||
20 | organization having its headquarters in the United
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21 | States; or
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22 | (B) en route to or from another country to which | ||||||
23 | that alien is
accredited;
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24 | (3) an official of a foreign government or | ||||||
25 | distinguished foreign visitor
who has been so designated by | ||||||
26 | the Department of State;
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1 | (4) a foreign law enforcement officer of a friendly | ||||||
2 | foreign government
entering the United States on official | ||||||
3 | business; or
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4 | (5) one who has received a waiver from the Attorney | ||||||
5 | General of the United
States pursuant to 18 U.S.C. | ||||||
6 | 922(y)(3);
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7 | (j) (Blank);
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8 | (k) A person who has been convicted within the past 5 years | ||||||
9 | of battery,
assault, aggravated assault, violation of an order | ||||||
10 | of protection, or a
substantially similar offense in another | ||||||
11 | jurisdiction, in which a firearm was
used or possessed;
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12 | (l) A person who has been convicted of domestic battery, | ||||||
13 | aggravated domestic battery, or a substantially
similar | ||||||
14 | offense in another jurisdiction committed before, on or after | ||||||
15 | January 1, 2012 ( the effective date of Public Act 97-158) this | ||||||
16 | amendatory Act of the 97th General Assembly ;
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17 | (m) (Blank);
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18 | (n) A person who is prohibited from acquiring or possessing
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19 | firearms or firearm ammunition by any Illinois State statute or | ||||||
20 | by federal
law;
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21 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
22 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
23 | delinquent minor for
the commission of an offense that if | ||||||
24 | committed by an adult would be a felony;
or
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25 | (p) An adult who had been adjudicated a delinquent minor | ||||||
26 | under the Juvenile
Court Act of 1987 for the commission of an |
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1 | offense that if committed by an
adult would be a felony.
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2 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
3 | eff. 1-1-12; revised 10-4-11.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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