Full Text of HB1855 97th General Assembly
HB1855 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1855 Introduced , by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED: | | 430 ILCS 65/8 | from Ch. 38, par. 83-8 | 720 ILCS 5/24-4.1 new | |
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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 1961. 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.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 | 14 | | convicted of a
misdemeanor other than a traffic offense or | 15 | | adjudged delinquent;
| 16 | | (b) A person under 21 years of age who does not have | 17 | | the written consent
of his parent or guardian to acquire | 18 | | and possess firearms and firearm
ammunition, or whose | 19 | | parent or guardian has revoked such written consent,
or | 20 | | where such parent or guardian does not qualify to have a | 21 | | Firearm Owner's
Identification Card;
| 22 | | (c) A person convicted of a felony under the laws of | 23 | | this or any other
jurisdiction;
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| 1 | | (d) A person addicted to narcotics;
| 2 | | (e) A person who has been a patient of a mental | 3 | | institution within the
past 5 years or has been adjudicated | 4 | | as a mental 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, | 7 | | any 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 mentally retarded;
| 12 | | (h) A person who intentionally makes a false statement | 13 | | in the Firearm
Owner's Identification Card application;
| 14 | | (i) An alien who is unlawfully present in
the United | 15 | | States under the laws of the United States;
| 16 | | (i-5) An alien who has been admitted to the United | 17 | | States under a
non-immigrant visa (as that term is defined | 18 | | in Section 101(a)(26) of the
Immigration and Nationality | 19 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 20 | | (i-5) does not apply to any alien who has been lawfully | 21 | | admitted to
the United States under a non-immigrant visa if | 22 | | that alien is:
| 23 | |
(1) admitted to the United States for lawful | 24 | | hunting or sporting purposes;
| 25 | |
(2) an official representative of a foreign | 26 | | government who is:
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| 1 | |
(A) accredited to the United States | 2 | | Government or the Government's
mission to an | 3 | | international organization having its headquarters | 4 | | in the United
States; or
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(B) en route to or from another country to | 6 | | which that alien is
accredited;
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(3) an official of a foreign government or | 8 | | distinguished foreign visitor
who has been so | 9 | | designated by the Department of State;
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(4) a foreign law enforcement officer of a | 11 | | friendly foreign government
entering the United States | 12 | | on official business; or
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(5) one who has received a waiver from the | 14 | | Attorney General of the United
States pursuant to 18 | 15 | | U.S.C. 922(y)(3);
| 16 | | (j) (Blank);
| 17 | | (k) A person who has been convicted within the past 5 | 18 | | years of battery,
assault, aggravated assault, violation | 19 | | of an order of protection, or a
substantially similar | 20 | | offense in another jurisdiction, in which a firearm was
| 21 | | used or possessed;
| 22 | | (l) A person who has been convicted of domestic battery | 23 | | or a substantially
similar offense in another jurisdiction | 24 | | committed on or after January 1,
1998;
| 25 | | (m) A person who has been convicted within the past 5 | 26 | | years of domestic
battery or a substantially similar |
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| 1 | | offense in another jurisdiction committed
before January | 2 | | 1, 1998;
| 3 | | (n) A person who is prohibited from acquiring or | 4 | | possessing
firearms or firearm ammunition by any Illinois | 5 | | State statute or by federal
law;
| 6 | | (o) A minor subject to a petition filed under Section | 7 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 8 | | minor is a delinquent minor for
the commission of an | 9 | | offense that if committed by an adult would be a felony;
or
| 10 | | (p) An adult who had been adjudicated a delinquent | 11 | | minor under the Juvenile
Court Act of 1987 for the | 12 | | commission of an offense that if committed by an
adult | 13 | | would be a felony.
| 14 | | (B) The Department of State Police may revoke and seize a | 15 | | Firearm Owner's Identification
Card previously issued under | 16 | | this Act of a person who fails to report the loss or theft of a | 17 | | handgun a second time to the local law enforcement agency | 18 | | within 72 hours after obtaining knowledge of the second loss or | 19 | | theft.
| 20 | | (Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)
| 21 | | Section 10. The Criminal Code of 1961 is amended by adding | 22 | | Section 24-4.1 as follows: | 23 | | (720 ILCS 5/24-4.1 new)
| 24 | | Sec. 24-4.1. Report of lost or stolen handguns.
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| 1 | | (a) If a person who possesses a valid Firearm Owner's | 2 | | Identification Card and who possesses or acquires a handgun | 3 | | thereafter loses or misplaces the handgun, or if the handgun is | 4 | | stolen from the person, the person must report the loss or | 5 | | theft to the local law enforcement agency within 72 hours after | 6 | | obtaining knowledge of the loss or theft. | 7 | | (b) Sentence. A person who violates this Section is guilty | 8 | | of a petty offense for a first violation. A second or | 9 | | subsequent violation of this Section is a Class A misdemeanor.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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