Illinois General Assembly - Full Text of HB2760
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Full Text of HB2760  95th General Assembly

HB2760ham001 95TH GENERAL ASSEMBLY

Rep. Robert S. Molaro

Filed: 5/28/2008

 

 


 

 


 
09500HB2760ham001 LRB095 00964 RLC 51071 a

1
AMENDMENT TO HOUSE BILL 2760

2     AMENDMENT NO. ______. Amend House Bill 2760 by replacing
3 everything after the enacting clause with the following:
 
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     (Text of Section before amendment by P.A. 95-581)
8     Sec. 8. The Department of State Police has authority to
9 deny an application for or to revoke and seize a Firearm
10 Owner's Identification Card previously issued under this Act
11 only if the Department finds that the applicant or the person
12 to whom 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

 

 

09500HB2760ham001 - 2 - LRB095 00964 RLC 51071 a

1 written consent of his parent or guardian to acquire and
2 possess firearms and firearm ammunition, or whose parent or
3 guardian has revoked such written consent, or where such parent
4 or guardian does not qualify to have a Firearm Owner's
5 Identification Card;
6     (c) A person convicted of a felony under the laws of this
7 or any other jurisdiction;
8     (d) A person addicted to narcotics;
9     (e) A person who has been a patient of a mental institution
10 within the past 5 years;
11     (f) A person whose mental condition is of such a nature
12 that it poses a clear and present danger to the applicant, any
13 other person or persons or the community;
14     For the purposes of this Section, "mental condition" means
15 a state of mind manifested by violent, suicidal, threatening or
16 assaultive behavior.
17     (g) A person who is mentally retarded;
18     (h) A person who intentionally makes a false statement in
19 the Firearm Owner's Identification Card application;
20     (i) An alien who is unlawfully present in the United States
21 under the laws of the United States;
22     (i-5) An alien who has been admitted to the United States
23 under a non-immigrant visa (as that term is defined in Section
24 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
25 1101(a)(26))), except that this subsection (i-5) does not apply
26 to any alien who has been lawfully admitted to the United

 

 

09500HB2760ham001 - 3 - LRB095 00964 RLC 51071 a

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

 

 

09500HB2760ham001 - 4 - LRB095 00964 RLC 51071 a

1     (l) A person who has been convicted of domestic battery or
2 a substantially similar offense in another jurisdiction
3 committed on or after January 1, 1998;
4     (m) A person who has been convicted within the past 5 years
5 of domestic battery or a substantially similar offense in
6 another jurisdiction committed before January 1, 1998;
7     (n) A person who is prohibited from acquiring or possessing
8 firearms or firearm ammunition by any Illinois State statute or
9 by federal law;
10     (o) A minor subject to a petition filed under Section 5-520
11 of the Juvenile Court Act of 1987 alleging that the minor is a
12 delinquent minor for the commission of an offense that if
13 committed by an adult would be a felony; or
14     (p) An adult who had been adjudicated a delinquent minor
15 under the Juvenile Court Act of 1987 for the commission of an
16 offense that if committed by an adult would be a felony.
17     The Department of State Police may revoke and seize a
18 Firearm Owner's Identification Card previously issued under
19 this Act of a person who fails to report the loss or theft of a
20 handgun a second time to the Department within 72 hours after
21 obtaining knowledge of the second loss or theft.
22 (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
 
23     (Text of Section after amendment by P.A. 95-581)
24     Sec. 8. The Department of State Police has authority to
25 deny an application for or to revoke and seize a Firearm

 

 

09500HB2760ham001 - 5 - LRB095 00964 RLC 51071 a

1 Owner's Identification Card previously issued under this Act
2 only if the Department finds that the applicant or the person
3 to whom such card was issued is or was at the time of issuance:
4     (a) A person under 21 years of age who has been convicted
5 of a misdemeanor other than a traffic offense or adjudged
6 delinquent;
7     (b) A person under 21 years of age who does not have the
8 written consent of his parent or guardian to acquire and
9 possess firearms and firearm ammunition, or whose parent or
10 guardian has revoked such written consent, or where such parent
11 or guardian does not qualify to have a Firearm Owner's
12 Identification Card;
13     (c) A person convicted of a felony under the laws of this
14 or any other jurisdiction;
15     (d) A person addicted to narcotics;
16     (e) A person who has been a patient of a mental institution
17 within the past 5 years or has been adjudicated as a mental
18 defective;
19     (f) A person whose mental condition is of such a nature
20 that it poses a clear and present danger to the applicant, any
21 other person or persons or the community;
22     For the purposes of this Section, "mental condition" means
23 a state of mind manifested by violent, suicidal, threatening or
24 assaultive behavior.
25     (g) A person who is mentally retarded;
26     (h) A person who intentionally makes a false statement in

 

 

09500HB2760ham001 - 6 - LRB095 00964 RLC 51071 a

1 the Firearm Owner's Identification Card application;
2     (i) An alien who is unlawfully present in the United States
3 under the laws of the United States;
4     (i-5) An alien who has been admitted to the United States
5 under a non-immigrant visa (as that term is defined in Section
6 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
7 1101(a)(26))), except that this subsection (i-5) does not apply
8 to any alien who has been lawfully admitted to the United
9 States under a non-immigrant visa if that alien is:
10         (1) admitted to the United States for lawful hunting or
11     sporting purposes;
12         (2) an official representative of a foreign government
13     who is:
14             (A) accredited to the United States Government or
15         the Government's mission to an international
16         organization having its headquarters in the United
17         States; or
18             (B) en route to or from another country to which
19         that alien is accredited;
20         (3) an official of a foreign government or
21     distinguished foreign visitor who has been so designated by
22     the Department of State;
23         (4) a foreign law enforcement officer of a friendly
24     foreign government entering the United States on official
25     business; or
26         (5) one who has received a waiver from the Attorney

 

 

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1     General of the United States pursuant to 18 U.S.C.
2     922(y)(3);
3     (j) A person who is subject to an existing order of
4 protection prohibiting him or her from possessing a firearm;
5     (k) A person who has been convicted within the past 5 years
6 of battery, assault, aggravated assault, violation of an order
7 of protection, or a substantially similar offense in another
8 jurisdiction, in which a firearm was used or possessed;
9     (l) A person who has been convicted of domestic battery or
10 a substantially similar offense in another jurisdiction
11 committed on or after January 1, 1998;
12     (m) A person who has been convicted within the past 5 years
13 of domestic battery or a substantially similar offense in
14 another jurisdiction committed before January 1, 1998;
15     (n) A person who is prohibited from acquiring or possessing
16 firearms or firearm ammunition by any Illinois State statute or
17 by federal law;
18     (o) A minor subject to a petition filed under Section 5-520
19 of the Juvenile Court Act of 1987 alleging that the minor is a
20 delinquent minor for the commission of an offense that if
21 committed by an adult would be a felony; or
22     (p) An adult who had been adjudicated a delinquent minor
23 under the Juvenile Court Act of 1987 for the commission of an
24 offense that if committed by an adult would be a felony.
25     The Department of State Police may revoke and seize a
26 Firearm Owner's Identification Card previously issued under

 

 

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1 this Act of a person who fails to report the loss or theft of a
2 handgun a second time to the Department within 72 hours after
3 obtaining knowledge of the second loss or theft.
4 (Source: P.A. 95-581, eff. 6-1-08.)
 
5     Section 10. The Criminal Code of 1961 is amended by adding
6 Section 24-4.1 as follows:
 
7     (720 ILCS 5/24-4.1 new)
8     Sec. 24-4.1. Report of lost or stolen handguns.
9     (a) If a person who possesses a valid Firearm Owner's
10 Identification Card and who possesses or acquires a handgun
11 thereafter loses or misplaces the handgun, or if the handgun is
12 stolen from the person, the person must report the loss or
13 theft to the Department of State Police within 72 hours after
14 obtaining knowledge of the loss or theft.
15     (b) Sentence. A person who violates this Section is guilty
16 of a petty offense for a first violation. A second or
17 subsequent violation of this Section is a Class A misdemeanor.
 
18     Section 95. No acceleration or delay. Where this Act makes
19 changes in a statute that is represented in this Act by text
20 that is not yet or no longer in effect (for example, a Section
21 represented by multiple versions), the use of that text does
22 not accelerate or delay the taking effect of (i) the changes
23 made by this Act or (ii) provisions derived from any other

 

 

09500HB2760ham001 - 9 - LRB095 00964 RLC 51071 a

1 Public Act.
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.".