Rep. Edward J. Acevedo

Filed: 3/12/2013





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2    AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by
3inserting the following in its proper numeric sequence:
4    "Section 205. The Firearm Owners Identification Card Act is
5amended 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.
8    (A) The Department of State Police has authority to deny an
9application for or to revoke and seize a Firearm Owner's
10Identification Card previously issued under this Act only if
11the Department finds that the applicant or the person to whom
12such card was issued is or was at the time of issuance:
13    (a) A person under 21 years of age who has been convicted
14of a misdemeanor other than a traffic offense or adjudged
16    (b) A person under 21 years of age who does not have the



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1written consent of his parent or guardian to acquire and
2possess firearms and firearm ammunition, or whose parent or
3guardian has revoked such written consent, or where such parent
4or guardian does not qualify to have a Firearm Owner's
5Identification Card;
6    (c) A person convicted of a felony under the laws of this
7or any other jurisdiction;
8    (d) A person addicted to narcotics;
9    (e) A person who has been a patient of a mental institution
10within the past 5 years or has been adjudicated as a mental
12    (f) A person whose mental condition is of such a nature
13that it poses a clear and present danger to the applicant, any
14other person or persons or the community;
15    For the purposes of this Section, "mental condition" means
16a state of mind manifested by violent, suicidal, threatening or
17assaultive behavior.
18    (g) A person who is intellectually disabled;
19    (h) A person who intentionally makes a false statement in
20the Firearm Owner's Identification Card application;
21    (i) An alien who is unlawfully present in the United States
22under the laws of the United States;
23    (i-5) An alien who has been admitted to the United States
24under a non-immigrant visa (as that term is defined in Section
25101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
261101(a)(26))), except that this subsection (i-5) does not apply



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1to any alien who has been lawfully admitted to the United
2States under a non-immigrant visa if that alien is:
3        (1) admitted to the United States for lawful hunting or
4    sporting purposes;
5        (2) an official representative of a foreign government
6    who is:
7            (A) accredited to the United States Government or
8        the Government's mission to an international
9        organization having its headquarters in the United
10        States; or
11            (B) en route to or from another country to which
12        that alien is accredited;
13        (3) an official of a foreign government or
14    distinguished foreign visitor who has been so designated by
15    the Department of State;
16        (4) a foreign law enforcement officer of a friendly
17    foreign government entering the United States on official
18    business; or
19        (5) one who has received a waiver from the Attorney
20    General of the United States pursuant to 18 U.S.C.
21    922(y)(3);
22    (j) (Blank);
23    (k) A person who has been convicted within the past 5 years
24of battery, assault, aggravated assault, violation of an order
25of protection, or a substantially similar offense in another
26jurisdiction, in which a firearm was used or possessed;



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1    (l) A person who has been convicted of domestic battery,
2aggravated domestic battery, or a substantially similar
3offense in another jurisdiction committed before, on or after
4January 1, 2012 (the effective date of Public Act 97-158). If
5the applicant or person who has been previously issued a
6Firearm Owner's Identification Card under this Act knowingly
7and intelligently waives the right to have an offense described
8in this paragraph (l) tried by a jury, and by guilty plea or
9otherwise, results in a conviction for an offense in which a
10domestic relationship is not a required element of the offense
11but in which a determination of the applicability of 18 U.S.C.
12922(g)(9) is made under Section 112A-11.1 of the Code of
13Criminal Procedure of 1963, an entry by the court of a judgment
14of conviction for that offense shall be grounds for denying an
15application for and for revoking and seizing a Firearm Owner's
16Identification Card previously issued to the person under this
18    (m) (Blank);
19    (n) A person who is prohibited from acquiring or possessing
20firearms or firearm ammunition by any Illinois State statute or
21by federal law;
22    (o) A minor subject to a petition filed under Section 5-520
23of the Juvenile Court Act of 1987 alleging that the minor is a
24delinquent minor for the commission of an offense that if
25committed by an adult would be a felony;
26    (p) An adult who had been adjudicated a delinquent minor



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1under the Juvenile Court Act of 1987 for the commission of an
2offense that if committed by an adult would be a felony; or
3    (q) A person who is not a resident of the State of
4Illinois, except as provided in subsection (a-10) of Section 4.
5    (B) The Department of State Police may revoke and seize a
6Firearm Owner's Identification Card previously issued under
7this Act of a person who fails to report the loss or theft of a
8firearm a second time to the local law enforcement agency
9within 72 hours after obtaining knowledge of the second loss or
11(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
12eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
13    Section 310. The Criminal Code of 2012 is amended by adding
14Section 24-4.1 as follows:
15    (720 ILCS 5/24-4.1 new)
16    Sec. 24-4.1. Report of lost or stolen firearms.
17    (a) If a person who possesses a valid Firearm Owner's
18Identification Card and who possesses or acquires a firearm
19thereafter loses or misplaces the firearm, or if the firearm is
20stolen from the person, the person must report the loss or
21theft to the local law enforcement agency within 72 hours after
22obtaining knowledge of the loss or theft.
23    (b) Sentence. A person who violates this Section is guilty
24of a petty offense for a first violation. A second or



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1subsequent violation of this Section is a Class A