Illinois General Assembly - Full Text of HB4673
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Full Text of HB4673  97th General Assembly

HB4673enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB4673 EnrolledLRB097 12811 RLC 57307 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 4 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification Card must:
9        (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
14        (2) Submit evidence to the Department of State Police
15    that:
16            (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
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from

 

 

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1        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;
5            (ii) He or she has not been convicted of a felony
6        under the laws of this or any other jurisdiction;
7            (iii) He or she is not addicted to narcotics;
8            (iv) He or she has not been a patient in a mental
9        institution within the past 5 years and he or she has
10        not been adjudicated as a mental defective. This clause
11        (iv) does not apply to an active law enforcement
12        officer employed by a unit of local government, who (A)
13        as a result of work in law enforcement, and (B) is
14        referred by the employing unit of local government for,
15        or voluntarily seeks, evaluation by a clinical
16        psychologist, psychiatrist, or qualified examiner, and
17        (C) receives care from a clinical psychologist,
18        psychiatrist, or qualified examiner, so long as the
19        officer has not been involuntarily admitted as an
20        inpatient in a mental institution or has not been an
21        inpatient in a mental institution for more than 30
22        days. "Clinical psychologist", "psychiatrist", and
23        "qualified examiner" shall have the same meaning as
24        provided in Chapter 1 of the Mental Health and
25        Developmental Disabilities Code;
26            (v) He or she is not intellectually disabled;

 

 

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1            (vi) He or she is not an alien who is unlawfully
2        present in the United States under the laws of the
3        United States;
4            (vii) He or she is not subject to an existing order
5        of protection prohibiting him or her from possessing a
6        firearm;
7            (viii) He or she has not been convicted within the
8        past 5 years of battery, assault, aggravated assault,
9        violation of an order of protection, or a substantially
10        similar offense in another jurisdiction, in which a
11        firearm was used or possessed;
12            (ix) He or she has not been convicted of domestic
13        battery, aggravated domestic battery, or a
14        substantially similar offense in another jurisdiction
15        committed before, on or after January 1, 2012 (the
16        effective date of Public Act 97-158) this amendatory
17        Act of the 97th General Assembly;
18            (x) (Blank);
19            (xi) He or she is not an alien who has been
20        admitted to the United States under a non-immigrant
21        visa (as that term is defined in Section 101(a)(26) of
22        the Immigration and Nationality Act (8 U.S.C.
23        1101(a)(26))), or that he or she is an alien who has
24        been lawfully admitted to the United States under a
25        non-immigrant visa if that alien is:
26                (1) admitted to the United States for lawful

 

 

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1            hunting or sporting purposes;
2                (2) an official representative of a foreign
3            government who is:
4                    (A) accredited to the United States
5                Government or the Government's mission to an
6                international organization having its
7                headquarters in the United States; or
8                    (B) en route to or from another country to
9                which that alien is accredited;
10                (3) an official of a foreign government or
11            distinguished foreign visitor who has been so
12            designated by the Department of State;
13                (4) a foreign law enforcement officer of a
14            friendly foreign government entering the United
15            States on official business; or
16                (5) one who has received a waiver from the
17            Attorney General of the United States pursuant to
18            18 U.S.C. 922(y)(3);
19            (xii) He or she is not a minor subject to a
20        petition filed under Section 5-520 of the Juvenile
21        Court Act of 1987 alleging that the minor is a
22        delinquent minor for the commission of an offense that
23        if committed by an adult would be a felony; and
24            (xiii) He or she is not an adult who had been
25        adjudicated a delinquent minor under the Juvenile
26        Court Act of 1987 for the commission of an offense that

 

 

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1        if committed by an adult would be a felony; and
2        (3) Upon request by the Department of State Police,
3    sign a release on a form prescribed by the Department of
4    State Police waiving any right to confidentiality and
5    requesting the disclosure to the Department of State Police
6    of limited mental health institution admission information
7    from another state, the District of Columbia, any other
8    territory of the United States, or a foreign nation
9    concerning the applicant for the sole purpose of
10    determining whether the applicant is or was a patient in a
11    mental health institution and disqualified because of that
12    status from receiving a Firearm Owner's Identification
13    Card. No mental health care or treatment records may be
14    requested. The information received shall be destroyed
15    within one year of receipt.
16    (a-5) Each applicant for a Firearm Owner's Identification
17Card who is over the age of 18 shall furnish to the Department
18of State Police either his or her driver's license number or
19Illinois Identification Card number.
20    (a-10) Each applicant for a Firearm Owner's Identification
21Card, who is employed as an armed security officer at a nuclear
22energy, storage, weapons, or development facility regulated by
23the Nuclear Regulatory Commission and who is not an Illinois
24resident, shall furnish to the Department of State Police his
25or her driver's license number or state identification card
26number from his or her state of residence. The Department of

 

 

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1State Police may promulgate rules to enforce the provisions of
2this subsection (a-10).
3    (b) Each application form shall include the following
4statement printed in bold type: "Warning: Entering false
5information on an application for a Firearm Owner's
6Identification Card is punishable as a Class 2 felony in
7accordance with subsection (d-5) of Section 14 of the Firearm
8Owners Identification Card Act.".
9    (c) Upon such written consent, pursuant to Section 4,
10paragraph (a)(2)(i), the parent or legal guardian giving the
11consent shall be liable for any damages resulting from the
12applicant's use of firearms or firearm ammunition.
13(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised
1410-4-11.)
 
15    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
16    Sec. 8. The Department of State Police has authority to
17deny an application for or to revoke and seize a Firearm
18Owner's Identification Card previously issued under this Act
19only if the Department finds that the applicant or the person
20to whom such card was issued is or was at the time of issuance:
21    (a) A person under 21 years of age who has been convicted
22of a misdemeanor other than a traffic offense or adjudged
23delinquent;
24    (b) A person under 21 years of age who does not have the
25written consent of his parent or guardian to acquire and

 

 

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1possess firearms and firearm ammunition, or whose parent or
2guardian has revoked such written consent, or where such parent
3or guardian does not qualify to have a Firearm Owner's
4Identification Card;
5    (c) A person convicted of a felony under the laws of this
6or any other jurisdiction;
7    (d) A person addicted to narcotics;
8    (e) A person who has been a patient of a mental institution
9within the past 5 years or has been adjudicated as a mental
10defective. This paragraph (e) does not apply to an active law
11enforcement officer employed by a unit of local government, who
12(1) as a result of work in law enforcement, and (2) is referred
13by the employing unit of local government for, or voluntarily
14seeks, evaluation by a clinical psychologist, psychiatrist, or
15qualified examiner, and (3) receives care from a clinical
16psychologist, psychiatrist, or qualified examiner, so long as
17the officer has not been involuntarily admitted as an inpatient
18in a mental institution or has not been an inpatient in a
19mental institution for more than 30 days. "Clinical
20psychologist", "psychiatrist", and "qualified examiner" shall
21have the same meaning as provided in Chapter 1 of the Mental
22Health and Developmental Disabilities Code;
23    (f) A person whose mental condition is of such a nature
24that it poses a clear and present danger to the applicant, any
25other person or persons or the community;
26    For the purposes of this Section, "mental condition" means

 

 

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1a state of mind manifested by violent, suicidal, threatening or
2assaultive behavior.
3    (g) A person who is intellectually disabled;
4    (h) A person who intentionally makes a false statement in
5the Firearm Owner's Identification Card application;
6    (i) An alien who is unlawfully present in the United States
7under the laws of the United States;
8    (i-5) An alien who has been admitted to the United States
9under a non-immigrant visa (as that term is defined in Section
10101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
111101(a)(26))), except that this subsection (i-5) does not apply
12to any alien who has been lawfully admitted to the United
13States under a non-immigrant visa if that alien is:
14        (1) admitted to the United States for lawful hunting or
15    sporting purposes;
16        (2) an official representative of a foreign government
17    who is:
18            (A) accredited to the United States Government or
19        the Government's mission to an international
20        organization having its headquarters in the United
21        States; or
22            (B) en route to or from another country to which
23        that alien is accredited;
24        (3) an official of a foreign government or
25    distinguished foreign visitor who has been so designated by
26    the Department of State;

 

 

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1        (4) a foreign law enforcement officer of a friendly
2    foreign government entering the United States on official
3    business; or
4        (5) one who has received a waiver from the Attorney
5    General of the United States pursuant to 18 U.S.C.
6    922(y)(3);
7    (j) (Blank);
8    (k) A person who has been convicted within the past 5 years
9of battery, assault, aggravated assault, violation of an order
10of protection, or a substantially similar offense in another
11jurisdiction, in which a firearm was used or possessed;
12    (l) A person who has been convicted of domestic battery,
13aggravated domestic battery, or a substantially similar
14offense in another jurisdiction committed before, on or after
15January 1, 2012 (the effective date of Public Act 97-158) this
16amendatory Act of the 97th General Assembly;
17    (m) (Blank);
18    (n) A person who is prohibited from acquiring or possessing
19firearms or firearm ammunition by any Illinois State statute or
20by federal law;
21    (o) A minor subject to a petition filed under Section 5-520
22of the Juvenile Court Act of 1987 alleging that the minor is a
23delinquent minor for the commission of an offense that if
24committed by an adult would be a felony; or
25    (p) An adult who had been adjudicated a delinquent minor
26under the Juvenile Court Act of 1987 for the commission of an

 

 

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1offense that if committed by an adult would be a felony.
2(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
3eff. 1-1-12; revised 10-4-11.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.