Full Text of HB0159 98th General Assembly
HB0159 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0159 Introduced 1/16/2013, by Rep. Edward J. Acevedo - Michael J. Zalewski SYNOPSIS AS INTRODUCED: | | 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 720 ILCS 5/24-4.1 new | |
|
Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under the Act of a person who fails to report the loss or theft of a handgun a second time to the local law enforcement agency within 72 hours after obtaining knowledge of the second loss or theft. Amends the Criminal Code of 2012. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a handgun thereafter loses or misplaces the handgun, or if the handgun is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft. Effective immediately.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB0159 | | LRB098 06108 RLC 36148 b |
|
| 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. | 8 | | (A) The Department of State Police has authority to deny an
| 9 | | application for or to revoke and seize a Firearm Owner's | 10 | | Identification
Card previously issued under this Act only if | 11 | | the Department finds that the
applicant or the person to whom | 12 | | such card was issued is or was at the time
of issuance:
| 13 | | (a) A person under 21 years of age who has been convicted | 14 | | of a
misdemeanor other than a traffic offense or adjudged | 15 | | delinquent;
| 16 | | (b) A person under 21 years of age who does not have the | 17 | | written consent
of his parent or guardian to acquire and | 18 | | possess firearms and firearm
ammunition, or whose parent or | 19 | | guardian has revoked such written consent,
or where such parent | 20 | | or guardian does not qualify to have a Firearm Owner's
| 21 | | Identification Card;
| 22 | | (c) A person convicted of a felony under the laws of this | 23 | | or any other
jurisdiction;
|
| | | HB0159 | - 2 - | LRB098 06108 RLC 36148 b |
|
| 1 | | (d) A person addicted to narcotics;
| 2 | | (e) A person who has been a patient of a mental institution | 3 | | within the
past 5 years or has been adjudicated as a mental | 4 | | defective;
| 5 | | (f) A person whose mental condition is of such a nature | 6 | | that it poses
a clear and present danger to the applicant, any | 7 | | other person or persons or
the community;
| 8 | | For the purposes of this Section, "mental condition" means | 9 | | a state of
mind manifested by violent, suicidal, threatening or | 10 | | assaultive behavior.
| 11 | | (g) A person who is intellectually disabled;
| 12 | | (h) A person who intentionally makes a false statement in | 13 | | the Firearm
Owner's Identification Card application;
| 14 | | (i) An alien who is unlawfully present in
the United States | 15 | | under the laws of the United States;
| 16 | | (i-5) An alien who has been admitted to the United States | 17 | | under a
non-immigrant visa (as that term is defined in Section | 18 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 19 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 20 | | to any alien who has been lawfully admitted to
the United | 21 | | States under a non-immigrant visa if that alien is:
| 22 | | (1) admitted to the United States for lawful hunting or | 23 | | sporting purposes;
| 24 | | (2) an official representative of a foreign government | 25 | | who is:
| 26 | | (A) accredited to the United States Government or |
| | | HB0159 | - 3 - | LRB098 06108 RLC 36148 b |
|
| 1 | | the Government's
mission to an international | 2 | | organization having its headquarters in the United
| 3 | | States; or
| 4 | | (B) en route to or from another country to which | 5 | | that alien is
accredited;
| 6 | | (3) an official of a foreign government or | 7 | | distinguished foreign visitor
who has been so designated by | 8 | | the Department of State;
| 9 | | (4) a foreign law enforcement officer of a friendly | 10 | | foreign government
entering the United States on official | 11 | | business; or
| 12 | | (5) one who has received a waiver from the Attorney | 13 | | General of the United
States pursuant to 18 U.S.C. | 14 | | 922(y)(3);
| 15 | | (j) (Blank);
| 16 | | (k) A person who has been convicted within the past 5 years | 17 | | of battery,
assault, aggravated assault, violation of an order | 18 | | of protection, or a
substantially similar offense in another | 19 | | jurisdiction, in which a firearm was
used or possessed;
| 20 | | (l) A person who has been convicted of domestic battery, | 21 | | aggravated domestic battery, or a substantially
similar | 22 | | offense in another jurisdiction committed before, on or after | 23 | | January 1, 2012 (the effective date of Public Act 97-158). If | 24 | | the applicant or person who has been previously issued a | 25 | | Firearm Owner's Identification Card under this Act knowingly | 26 | | and intelligently waives the right to have an offense described |
| | | HB0159 | - 4 - | LRB098 06108 RLC 36148 b |
|
| 1 | | in this paragraph (l) tried by a jury, and by guilty plea or | 2 | | otherwise, results in a conviction for an offense in which a | 3 | | domestic relationship is not a required element of the offense | 4 | | but in which a determination of the applicability of 18 U.S.C. | 5 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 6 | | Criminal Procedure of 1963, an entry by the court of a judgment | 7 | | of conviction for that offense shall be grounds for denying an | 8 | | application for and for revoking and seizing a Firearm Owner's | 9 | | Identification Card previously issued to the person under this | 10 | | Act;
| 11 | | (m) (Blank);
| 12 | | (n) A person who is prohibited from acquiring or possessing
| 13 | | firearms or firearm ammunition by any Illinois State statute or | 14 | | by federal
law;
| 15 | | (o) A minor subject to a petition filed under Section 5-520 | 16 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 17 | | delinquent minor for
the commission of an offense that if | 18 | | committed by an adult would be a felony;
| 19 | | (p) An adult who had been adjudicated a delinquent minor | 20 | | under the Juvenile
Court Act of 1987 for the commission of an | 21 | | offense that if committed by an
adult would be a felony; or
| 22 | | (q) A person who is not a resident of the State of | 23 | | Illinois, except as provided in subsection (a-10) of Section 4. | 24 | | (B) The Department of State Police may revoke and seize a | 25 | | Firearm Owner's Identification
Card previously issued under | 26 | | this Act of a person who fails to report the loss or theft of a |
| | | HB0159 | - 5 - | LRB098 06108 RLC 36148 b |
|
| 1 | | handgun a second time to the local law enforcement agency | 2 | | within 72 hours after obtaining knowledge of the second loss or | 3 | | theft.
| 4 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 5 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 6 | | Section 10. The Criminal Code of 2012 is amended by adding | 7 | | Section 24-4.1 as follows: | 8 | | (720 ILCS 5/24-4.1 new)
| 9 | | Sec. 24-4.1. Report of lost or stolen handguns.
| 10 | | (a) If a person who possesses a valid Firearm Owner's | 11 | | Identification Card and who possesses or acquires a handgun | 12 | | thereafter loses or misplaces the handgun, or if the handgun is | 13 | | stolen from the person, the person must report the loss or | 14 | | theft to the local law enforcement agency within 72 hours after | 15 | | obtaining knowledge of the loss or theft. | 16 | | (b) Sentence. A person who violates this Section is guilty | 17 | | of a petty offense for a first violation. A second or | 18 | | subsequent violation of this Section is a Class A misdemeanor.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
|
|