Full Text of HB0182 94th General Assembly
HB0182 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0182
Introduced 1/12/2005, by Rep. Richard P. Myers SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/4 |
from Ch. 38, par. 83-4 |
430 ILCS 65/7 |
from Ch. 38, par. 83-7 |
430 ILCS 65/8 |
from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Changes, from 21 years of
age or over to 18 years of age or over, the age at which a person may apply
for and be issued a Firearm Owner's Identification Card without the consent of
a parent or legal guardian. Provides that a Firearm Owner's Identification Card issued to a person who is on active duty for the Armed Forces of the United States that expires while that person is on active duty for the Armed Forces of the United States is valid for 6 months from the time the person is released from active duty. Effective immediately.
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A BILL FOR
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HB0182 |
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LRB094 05540 RLC 35589 b |
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| AN ACT in relation to firearms.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing
Sections 4, 7, and 8 as follows:
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| (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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| Sec. 4. (a) Each applicant for a Firearm Owner's | 8 |
| Identification Card must:
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| (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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| (2) Submit evidence to the Department of State Police | 15 |
| that:
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| (i) He or she is 18
21 years of age or over, or if | 17 |
| he or she is
under 18
21
years of age that he or she has | 18 |
| the written consent of his or her parent or
legal | 19 |
| guardian to possess and acquire firearms and firearm | 20 |
| ammunition and
that , if he or she is under 21 years of | 21 |
| age, he or she has never been
convicted of a | 22 |
| misdemeanor other than a traffic
offense or adjudged
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| delinquent, provided, however, that such parent or | 24 |
| legal guardian of an
applicant under 18 years of age is | 25 |
| not an
individual prohibited from having a Firearm | 26 |
| Owner's Identification Card and
files an affidavit | 27 |
| with the Department as prescribed by the Department
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| stating that he or she is not an individual prohibited | 29 |
| from having a Card;
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| (ii) He or she has not been convicted of a felony | 31 |
| under the laws of
this or any other jurisdiction;
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| (iii) He or she is not addicted to narcotics;
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LRB094 05540 RLC 35589 b |
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| (iv) He or she has not been a patient in a mental | 2 |
| institution within
the past 5 years;
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| (v) He or she is not mentally retarded;
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| (vi) He or she is not an alien who is unlawfully | 5 |
| present in the
United States under the laws of the | 6 |
| United States;
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| (vii) He or she is not subject to an existing order | 8 |
| of protection
prohibiting him or her from possessing a | 9 |
| firearm;
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| (viii) He or she has not been convicted within the | 11 |
| past 5 years of
battery, assault, aggravated assault, | 12 |
| violation of an order of
protection, or a substantially | 13 |
| similar offense in another jurisdiction, in
which a | 14 |
| firearm was used or possessed;
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| (ix) He or she has not been convicted of domestic | 16 |
| battery or a
substantially similar offense in another
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| jurisdiction committed on or after the effective date | 18 |
| of this amendatory Act
of 1997;
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| (x) He or she has not been convicted within the | 20 |
| past 5 years of domestic
battery or a substantially | 21 |
| similar offense in another jurisdiction committed
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| before the effective date of this amendatory Act of | 23 |
| 1997;
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| (xi) He or she is not an alien who has been | 25 |
| admitted to the United
States under a non-immigrant | 26 |
| visa (as that term is defined in Section
101(a)(26) of | 27 |
| the Immigration and Nationality Act (8 U.S.C. | 28 |
| 1101(a)(26))),
or that he or she is an alien who has | 29 |
| been lawfully admitted to the United
States under a | 30 |
| non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful | 32 |
| hunting or sporting
purposes;
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| (2) an official representative of a foreign | 34 |
| government who is:
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| (A) accredited to the United States | 36 |
| Government or the Government's
mission to an |
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| international organization having its | 2 |
| headquarters in the United
States; or
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| (B) en route to or from another country to | 4 |
| which that alien is
accredited;
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| (3) an official of a foreign government or | 6 |
| distinguished foreign
visitor who has been so | 7 |
| designated by the Department of State;
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| (4) a foreign law enforcement officer of a | 9 |
| friendly foreign
government entering the United | 10 |
| States on official business; or
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| (5) one who has received a waiver from the | 12 |
| Attorney General of the
United States pursuant to | 13 |
| 18 U.S.C. 922(y)(3);
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| (xii) He or she is not a minor subject to a | 15 |
| petition filed
under Section 5-520 of the Juvenile | 16 |
| Court Act of 1987 alleging that the
minor is a | 17 |
| delinquent minor for the commission of an offense that | 18 |
| if
committed by an adult would be a felony; and
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| (xiii) He or she is not an adult who had been | 20 |
| adjudicated a delinquent
minor under the Juvenile | 21 |
| Court Act of 1987 for the commission of an offense
that | 22 |
| if committed by an adult would be a felony; and
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| (3) Upon request by the Department of State Police, | 24 |
| sign a release on a
form prescribed by the Department of | 25 |
| State Police waiving any right to
confidentiality and | 26 |
| requesting the disclosure to the Department of State Police
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| of limited mental health institution admission information | 28 |
| from another state,
the District of Columbia, any other | 29 |
| territory of the United States, or a
foreign nation | 30 |
| concerning the applicant for the sole purpose of | 31 |
| determining
whether the applicant is or was a patient in a | 32 |
| mental health institution and
disqualified because of that | 33 |
| status from receiving a Firearm Owner's
Identification | 34 |
| Card. No mental health care or treatment records may be
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| requested. The information received shall be destroyed | 36 |
| within one year of
receipt.
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LRB094 05540 RLC 35589 b |
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| (a-5) Each applicant for a Firearm Owner's Identification | 2 |
| Card who is over
the age of 18 shall furnish to the Department | 3 |
| of State Police either his or
her driver's license number or | 4 |
| Illinois Identification Card number.
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| (a-10) Each applicant for a Firearm Owner's Identification | 6 |
| Card,
who is employed as an armed security officer at a nuclear | 7 |
| energy,
storage, weapons, or development facility regulated by | 8 |
| the Nuclear
Regulatory Commission and who is not an Illinois | 9 |
| resident, shall furnish to
the Department of State Police his | 10 |
| or her driver's license number or state
identification card | 11 |
| number from his or her state of residence. The Department
of | 12 |
| State Police may promulgate rules to enforce the provisions of | 13 |
| this
subsection (a-10).
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| (b) Each application form shall include the following | 15 |
| statement printed in
bold type: "Warning: Entering false | 16 |
| information on an application for a Firearm
Owner's | 17 |
| Identification Card is punishable as a Class 2 felony in | 18 |
| accordance
with subsection (d-5) of Section 14 of the Firearm | 19 |
| Owners Identification Card
Act.".
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| (c) Upon such written consent, pursuant to Section 4, | 21 |
| paragraph (a)(2)(i),
the parent or legal guardian giving the | 22 |
| consent shall be liable for any
damages resulting from the | 23 |
| applicant's use of firearms or firearm ammunition.
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| (Source: P.A. 92-442, eff.
8-17-01; 92-839, eff. 8-22-02; | 25 |
| 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
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| (430 ILCS 65/7) (from Ch. 38, par. 83-7)
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| Sec. 7. Expiration of a Firearm Owner's Identification | 28 |
| Card.
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| (a) Except as provided in subsection (b) of this Section | 30 |
| and Section 8 of this Act, a Firearm Owner's
Identification | 31 |
| Card issued under the provisions of this Act shall be valid
for | 32 |
| the person to whom it is issued for a period of 5 years from the | 33 |
| date
of issuance.
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| (b) A Firearm Owner's Identification Card issued under the | 35 |
| provisions of this Act to a person who is on active duty for |
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LRB094 05540 RLC 35589 b |
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| the Armed Forces of the United States that expires while that | 2 |
| person is on active duty for the Armed Forces of the United | 3 |
| States is valid for 6 months from the time the person is | 4 |
| released from active duty.
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| (Source: Laws 1967, p. 2600.)
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| (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| Sec. 8. The Department of State Police has authority to | 8 |
| deny an
application for or to revoke and seize a Firearm | 9 |
| Owner's Identification
Card previously issued under this Act | 10 |
| only if the Department finds that the
applicant or the person | 11 |
| to whom such card was issued is or was at the time
of issuance:
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| (a) A person under 21 years of age who has been convicted | 13 |
| of a
misdemeanor other than a traffic offense or adjudged | 14 |
| delinquent;
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| (b) A person under 18
21 years of age who does not have the | 16 |
| written consent
of his parent or guardian to acquire and | 17 |
| possess firearms and firearm
ammunition, or whose parent or | 18 |
| guardian has revoked such written consent,
or where such parent | 19 |
| or guardian does not qualify to have a Firearm Owner's
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| Identification Card;
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| (c) A person convicted of a felony under the laws of this | 22 |
| or any other
jurisdiction;
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| (d) A person addicted to narcotics;
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| (e) A person who has been a patient of a mental institution | 25 |
| within the
past 5 years;
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| (f) A person whose mental condition is of such a nature | 27 |
| that it poses
a clear and present danger to the applicant, any | 28 |
| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 30 |
| a state of
mind manifested by violent, suicidal, threatening or | 31 |
| assaultive behavior.
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| (g) A person who is mentally retarded;
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| (h) A person who intentionally makes a false statement in | 34 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States |
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LRB094 05540 RLC 35589 b |
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| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States | 3 |
| under a
non-immigrant visa (as that term is defined in Section | 4 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 5 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 6 |
| to any alien who has been lawfully admitted to
the United | 7 |
| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 9 |
| sporting purposes;
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| (2) an official representative of a foreign government | 11 |
| who is:
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| (A) accredited to the United States Government or | 13 |
| the Government's
mission to an international | 14 |
| organization having its headquarters in the United
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| States; or
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| (B) en route to or from another country to which | 17 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 19 |
| distinguished foreign visitor
who has been so designated by | 20 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 22 |
| foreign government
entering the United States on official | 23 |
| business; or
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| (5) one who has received a waiver from the Attorney | 25 |
| General of the United
States pursuant to 18 U.S.C. | 26 |
| 922(y)(3);
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| (j) A person who is subject to an existing order of | 28 |
| protection prohibiting
him or her from possessing a firearm;
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| (k) A person who has been convicted within the past 5 years | 30 |
| of battery,
assault, aggravated assault, violation of an order | 31 |
| of protection, or a
substantially similar offense in another | 32 |
| jurisdiction, in which a firearm was
used or possessed;
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| (l) A person who has been convicted of domestic battery or | 34 |
| a substantially
similar offense in another jurisdiction | 35 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years |
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LRB094 05540 RLC 35589 b |
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| of domestic
battery or a substantially similar offense in | 2 |
| another jurisdiction committed
before January 1, 1998;
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| (n) A person who is prohibited from acquiring or possessing
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| firearms or firearm ammunition by any Illinois State statute or | 5 |
| by federal
law;
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| (o) A minor subject to a petition filed under Section 5-520 | 7 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a | 8 |
| delinquent minor for
the commission of an offense that if | 9 |
| committed by an adult would be a felony;
or
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| (p) An adult who had been adjudicated a delinquent minor | 11 |
| under the Juvenile
Court Act of 1987 for the commission of an | 12 |
| offense that if committed by an
adult would be a felony.
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| (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law. |
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