HB4673ham003 97TH GENERAL ASSEMBLY

Rep. Dena M. Carli

Filed: 3/26/2012

 

 


 

 


 
09700HB4673ham003LRB097 12811 RLC 67908 a

1
AMENDMENT TO HOUSE BILL 4673

2    AMENDMENT NO. ______. Amend House Bill 4673, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Firearm Owners Identification Card Act is
6amended by changing Sections 4 and 8 as follows:
 
7    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
8    Sec. 4. (a) Each applicant for a Firearm Owner's
9Identification Card must:
10        (1) Make application on blank forms prepared and
11    furnished at convenient locations throughout the State by
12    the Department of State Police, or by electronic means, if
13    and when made available by the Department of State Police;
14    and
15        (2) Submit evidence to the Department of State Police
16    that:

 

 

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1            (i) He or she is 21 years of age or over, or if he
2        or she is under 21 years of age that he or she has the
3        written consent of his or her parent or legal guardian
4        to possess and acquire firearms and firearm ammunition
5        and that he or she has never been convicted of a
6        misdemeanor other than a traffic offense or adjudged
7        delinquent, provided, however, that such parent or
8        legal guardian is not an individual prohibited from
9        having a Firearm Owner's Identification Card and files
10        an affidavit with the Department as prescribed by the
11        Department stating that he or she is not an individual
12        prohibited from having a Card;
13            (ii) He or she has not been convicted of a felony
14        under the laws of this or any other jurisdiction;
15            (iii) He or she is not addicted to narcotics;
16            (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. This clause
19        (iv) does not apply to an active law enforcement
20        officer employed by a unit of local government, so long
21        as the officer has not been involuntarily admitted as
22        an inpatient in a mental institution or has not been an
23        inpatient in a mental institution for more than 30
24        days;
25            (v) He or she is not intellectually disabled;
26            (vi) He or she is not an alien who is unlawfully

 

 

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

 

 

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

 

 

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

 

 

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1this subsection (a-10).
2    (b) Each application form shall include the following
3statement printed in bold type: "Warning: Entering false
4information on an application for a Firearm Owner's
5Identification Card is punishable as a Class 2 felony in
6accordance with subsection (d-5) of Section 14 of the Firearm
7Owners Identification Card Act.".
8    (c) Upon such written consent, pursuant to Section 4,
9paragraph (a)(2)(i), the parent or legal guardian giving the
10consent shall be liable for any damages resulting from the
11applicant's use of firearms or firearm ammunition.
12(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised
1310-4-11.)
 
14    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
15    Sec. 8. The Department of State Police has authority to
16deny an application for or to revoke and seize a Firearm
17Owner's Identification Card previously issued under this Act
18only if the Department finds that the applicant or the person
19to whom such card was issued is or was at the time of issuance:
20    (a) A person under 21 years of age who has been convicted
21of a misdemeanor other than a traffic offense or adjudged
22delinquent;
23    (b) A person under 21 years of age who does not have the
24written consent of his parent or guardian to acquire and
25possess firearms and firearm ammunition, or whose parent or

 

 

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1guardian has revoked such written consent, or where such parent
2or guardian does not qualify to have a Firearm Owner's
3Identification Card;
4    (c) A person convicted of a felony under the laws of this
5or any other jurisdiction;
6    (d) A person addicted to narcotics;
7    (e) A person who has been a patient of a mental institution
8within the past 5 years or has been adjudicated as a mental
9defective. This paragraph (e) does not apply to an active law
10enforcement officer employed by a unit of local government, so
11long as the officer has not been involuntarily admitted as an
12inpatient in a mental institution or has not been an inpatient
13in a mental institution for more than 30 days;
14    (f) A person whose mental condition is of such a nature
15that it poses a clear and present danger to the applicant, any
16other person or persons or the community;
17    For the purposes of this Section, "mental condition" means
18a state of mind manifested by violent, suicidal, threatening or
19assaultive behavior.
20    (g) A person who is intellectually disabled;
21    (h) A person who intentionally makes a false statement in
22the Firearm Owner's Identification Card application;
23    (i) An alien who is unlawfully present in the United States
24under the laws of the United States;
25    (i-5) An alien who has been admitted to the United States
26under a non-immigrant visa (as that term is defined in Section

 

 

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1101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
21101(a)(26))), except that this subsection (i-5) does not apply
3to any alien who has been lawfully admitted to the United
4States under a non-immigrant visa if that alien is:
5        (1) admitted to the United States for lawful hunting or
6    sporting purposes;
7        (2) an official representative of a foreign government
8    who is:
9            (A) accredited to the United States Government or
10        the Government's mission to an international
11        organization having its headquarters in the United
12        States; or
13            (B) en route to or from another country to which
14        that alien is accredited;
15        (3) an official of a foreign government or
16    distinguished foreign visitor who has been so designated by
17    the Department of State;
18        (4) a foreign law enforcement officer of a friendly
19    foreign government entering the United States on official
20    business; or
21        (5) one who has received a waiver from the Attorney
22    General of the United States pursuant to 18 U.S.C.
23    922(y)(3);
24    (j) (Blank);
25    (k) A person who has been convicted within the past 5 years
26of battery, assault, aggravated assault, violation of an order

 

 

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1of protection, or a substantially similar offense in another
2jurisdiction, in which a firearm was used or possessed;
3    (l) A person who has been convicted of domestic battery,
4aggravated domestic battery, or a substantially similar
5offense in another jurisdiction committed before, on or after
6January 1, 2012 (the effective date of Public Act 97-158) this
7amendatory Act of the 97th General Assembly;
8    (m) (Blank);
9    (n) A person who is prohibited from acquiring or possessing
10firearms or firearm ammunition by any Illinois State statute or
11by federal law;
12    (o) A minor subject to a petition filed under Section 5-520
13of the Juvenile Court Act of 1987 alleging that the minor is a
14delinquent minor for the commission of an offense that if
15committed by an adult would be a felony; or
16    (p) An adult who had been adjudicated a delinquent minor
17under the Juvenile Court Act of 1987 for the commission of an
18offense that if committed by an adult would be a felony.
19(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
20eff. 1-1-12; revised 10-4-11.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".