Full Text of SB1528 96th General Assembly
SB1528 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1528
Introduced 2/18/2009, by Sen. John M. Sullivan SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/4 |
from Ch. 38, par. 83-4 |
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Amends the Firearm Owners Identification Card Act. Provides that if an applicant for a Firearm Owner's Identification Card is under 10 years of age, the applicant must submit evidence to the Department of State Police that he or she has successfully completed a course of training prescribed by the Illinois Department of Natural Resources or other State, federal, or local program
including the National Rifle Association or the Illinois State Rifle Association. Provides that a prescribed training course curriculum shall include but not be limited to safe firearms handling.
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A BILL FOR
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SB1528 |
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LRB096 03436 RLC 13460 b |
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| AN ACT concerning firearms.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Section 4 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 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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| delinquent, provided, however, that such parent or | 23 |
| legal guardian is not an
individual prohibited from |
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LRB096 03436 RLC 13460 b |
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| 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 , and if he or she is | 5 |
| under 10 years of age that he or she has successfully | 6 |
| completed a course of training prescribed by the | 7 |
| Illinois Department of Natural Resources or other | 8 |
| State, federal, or local program
including the | 9 |
| National Rifle Association or the Illinois State Rifle | 10 |
| Association. A prescribed training course curriculum | 11 |
| shall include but not be limited to safe firearms | 12 |
| handling ;
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| (ii) He or she has not been convicted of a felony | 14 |
| 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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| (iv) He or she has not been a patient in a mental | 17 |
| institution within
the past 5 years and he or she has | 18 |
| not been adjudicated as a mental defective;
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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 | 21 |
| present in the
United States under the laws of the | 22 |
| United States;
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| (vii) He or she is not subject to an existing order | 24 |
| of protection
prohibiting him or her from possessing a | 25 |
| firearm;
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| (viii) He or she has not been convicted within the |
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LRB096 03436 RLC 13460 b |
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| past 5 years of
battery, assault, aggravated assault, | 2 |
| violation of an order of
protection, or a substantially | 3 |
| similar offense in another jurisdiction, in
which a | 4 |
| firearm was used or possessed;
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| (ix) He or she has not been convicted of domestic | 6 |
| battery or a
substantially similar offense in another
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| jurisdiction committed on or after the effective date | 8 |
| of this amendatory Act
of 1997;
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| (x) He or she has not been convicted within the | 10 |
| past 5 years of domestic
battery or a substantially | 11 |
| similar offense in another jurisdiction committed
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| before the effective date of this amendatory Act of | 13 |
| 1997;
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| (xi) He or she is not an alien who has been | 15 |
| admitted to the United
States under a non-immigrant | 16 |
| visa (as that term is defined in Section
101(a)(26) of | 17 |
| the Immigration and Nationality Act (8 U.S.C. | 18 |
| 1101(a)(26))),
or that he or she is an alien who has | 19 |
| been lawfully admitted to the United
States under a | 20 |
| non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful | 22 |
| hunting or sporting
purposes;
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| (2) an official representative of a foreign | 24 |
| government who is:
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| (A) accredited to the United States | 26 |
| 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 | 2 |
| from another state,
the District of Columbia, any other | 3 |
| territory of the United States, or a
foreign nation | 4 |
| concerning the applicant for the sole purpose of | 5 |
| determining
whether the applicant is or was a patient in a | 6 |
| mental health institution and
disqualified because of that | 7 |
| status from receiving a Firearm Owner's
Identification | 8 |
| Card. No mental health care or treatment records may be
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| requested. The information received shall be destroyed | 10 |
| within one year of
receipt.
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| (a-5) Each applicant for a Firearm Owner's Identification | 12 |
| Card who is over
the age of 18 shall furnish to the Department | 13 |
| of State Police either his or
her driver's license number or | 14 |
| Illinois Identification Card number.
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| (a-10) Each applicant for a Firearm Owner's Identification | 16 |
| Card,
who is employed as an armed security officer at a nuclear | 17 |
| energy,
storage, weapons, or development facility regulated by | 18 |
| the Nuclear
Regulatory Commission and who is not an Illinois | 19 |
| resident, shall furnish to
the Department of State Police his | 20 |
| or her driver's license number or state
identification card | 21 |
| number from his or her state of residence. The Department
of | 22 |
| State Police may promulgate rules to enforce the provisions of | 23 |
| this
subsection (a-10).
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| (b) Each application form shall include the following | 25 |
| statement printed in
bold type: "Warning: Entering false | 26 |
| information on an application for a Firearm
Owner's |
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| Identification Card is punishable as a Class 2 felony in | 2 |
| accordance
with subsection (d-5) of Section 14 of the Firearm | 3 |
| Owners Identification Card
Act.".
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| (c) Upon such written consent, pursuant to Section 4, | 5 |
| paragraph (a)(2)(i),
the parent or legal guardian giving the | 6 |
| consent shall be liable for any
damages resulting from the | 7 |
| applicant's use of firearms or firearm ammunition.
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| (Source: P.A. 95-581, eff. 6-1-08 .)
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