Full Text of HB4084 99th General Assembly
HB4084ham001 99TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 3/17/2015
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| 1 | | AMENDMENT TO HOUSE BILL 4084
| 2 | | AMENDMENT NO. ______. Amend House Bill 4084 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 | | Sec. 8. Grounds for denial and revocation. The Department | 8 | | of State Police has authority to deny an
application for or to | 9 | | revoke and seize a Firearm Owner's Identification
Card | 10 | | previously issued under this Act only if the Department finds | 11 | | that the
applicant or the person to whom such card was issued | 12 | | 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 |
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| 1 | | the written consent
of his parent or guardian to acquire | 2 | | and possess firearms and firearm
ammunition, or whose | 3 | | parent or guardian has revoked such written consent,
or | 4 | | where such parent or guardian does not qualify to have a | 5 | | Firearm Owner's
Identification Card;
| 6 | | (c) A person convicted of a felony under the laws of | 7 | | this or any other
jurisdiction;
| 8 | | (d) A person addicted to narcotics;
| 9 | | (e) A person who has been a patient of a mental health | 10 | | facility within the
past 5 years or a person who has been a | 11 | | patient in a mental health facility more than 5 years ago | 12 | | who has not received the certification required under | 13 | | subsection (u) of this Section. An active law enforcement | 14 | | officer employed by a unit of government who is denied, | 15 | | revoked, or has his or her Firearm Owner's Identification | 16 | | Card seized under this subsection (e) may obtain relief as | 17 | | described in subsection (c-5) of Section 10 of this Act if | 18 | | the officer did not act in a manner threatening to the | 19 | | officer, another person, or the public as determined by the | 20 | | treating clinical psychologist or physician, and the | 21 | | officer seeks mental health treatment . The provisions of | 22 | | this subsection (e) do not apply to a law enforcement | 23 | | officer or corrections officer who is voluntarily admitted | 24 | | as a patient to any public or private mental
health | 25 | | facility or licensed program for treatment of alcoholism or | 26 | | substance abuse or mental illness; provided, that the |
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| 1 | | officer meets the specific and individual goals of the | 2 | | licensed program or mental
health treatment professional, | 3 | | notifies his or her agency head as to the officer's
| 4 | | voluntary treatment status, and passes his or her fitness | 5 | | for duty examination, unless in the professional opinion of | 6 | | the physician, clinical psychologist, or qualified | 7 | | examiner as those terms are defined in the Mental Health | 8 | | and Developmental Disabilities Code, or other licensed | 9 | | treatment provider the possession of a firearm, stun gun, | 10 | | or taser by the officer because of the officer's mental | 11 | | condition would pose
a clear and present danger to the | 12 | | welfare of the
officer or the public, the officer has | 13 | | ceased treatment before his or her recommended
treatment | 14 | | needs have been met, and a risk is posed due to his or her
| 15 | | condition ;
| 16 | | (f) A person whose mental condition is of such a nature | 17 | | that it poses
a clear and present danger to the applicant, | 18 | | any other person or persons or
the community;
| 19 | | (g) A person who is intellectually disabled;
| 20 | | (h) A person who intentionally makes a false statement | 21 | | in the Firearm
Owner's Identification Card application;
| 22 | | (i) An alien who is unlawfully present in
the United | 23 | | States under the laws of the United States;
| 24 | | (i-5) An alien who has been admitted to the United | 25 | | States under a
non-immigrant visa (as that term is defined | 26 | | in Section 101(a)(26) of the
Immigration and Nationality |
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| 1 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 2 | | (i-5) does not apply to any alien who has been lawfully | 3 | | admitted to
the United States under a non-immigrant visa if | 4 | | that alien is:
| 5 | | (1) admitted to the United States for lawful | 6 | | hunting or sporting purposes;
| 7 | | (2) an official representative of a foreign | 8 | | government who is:
| 9 | | (A) accredited to the United States Government | 10 | | or 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 | 14 | | which that alien is
accredited;
| 15 | | (3) an official of a foreign government or | 16 | | distinguished foreign visitor
who has been so | 17 | | designated by the Department of State;
| 18 | | (4) a foreign law enforcement officer of a friendly | 19 | | foreign government
entering the United States on | 20 | | official 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 | 26 | | years of battery,
assault, aggravated assault, violation |
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| 1 | | of an order of protection, or a
substantially similar | 2 | | offense in another jurisdiction, in which a firearm was
| 3 | | used or possessed;
| 4 | | (l) A person who has been convicted of domestic | 5 | | battery, aggravated domestic battery, or a substantially
| 6 | | similar offense in another jurisdiction committed before, | 7 | | on or after January 1, 2012 (the effective date of Public | 8 | | Act 97-158). If the applicant or person who has been | 9 | | previously issued a Firearm Owner's Identification Card | 10 | | under this Act knowingly and intelligently waives the right | 11 | | to have an offense described in this paragraph (l) tried by | 12 | | a jury, and by guilty plea or otherwise, results in a | 13 | | conviction for an offense in which a domestic relationship | 14 | | is not a required element of the offense but in which a | 15 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 16 | | is made under Section 112A-11.1 of the Code of Criminal | 17 | | Procedure of 1963, an entry by the court of a judgment of | 18 | | conviction for that offense shall be grounds for denying an | 19 | | application for and for revoking and seizing a Firearm | 20 | | Owner's Identification Card previously issued to the | 21 | | person under this Act;
| 22 | | (m) (Blank);
| 23 | | (n) A person who is prohibited from acquiring or | 24 | | possessing
firearms or firearm ammunition by any Illinois | 25 | | State statute or by federal
law;
| 26 | | (o) A minor subject to a petition filed under Section |
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| 1 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 2 | | minor is a delinquent minor for
the commission of an | 3 | | offense that if committed by an adult would be a felony;
| 4 | | (p) An adult who had been adjudicated a delinquent | 5 | | minor under the Juvenile
Court Act of 1987 for the | 6 | | commission of an offense that if committed by an
adult | 7 | | would be a felony;
| 8 | | (q) A person who is not a resident of the State of | 9 | | Illinois, except as provided in subsection (a-10) of | 10 | | Section 4; | 11 | | (r) A person who has been adjudicated as a mentally | 12 | | disabled person; | 13 | | (s) A person who has been found to be developmentally | 14 | | disabled; | 15 | | (t) A person involuntarily admitted into a mental | 16 | | health facility; or | 17 | | (u) A person who has had his or her Firearm Owner's | 18 | | Identification Card revoked or denied under subsection (e) | 19 | | of this Section or item (iv) of paragraph (2) of subsection | 20 | | (a) of Section 4 of this Act because he or she was a | 21 | | patient in a mental health facility as provided in | 22 | | subsection (e) of this Section, shall not be permitted to | 23 | | obtain a Firearm Owner's Identification Card, after the | 24 | | 5-year period has lapsed, unless he or she has received a | 25 | | mental health evaluation by a physician, clinical | 26 | | psychologist, or qualified examiner as those terms are |
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| 1 | | defined in the Mental Health and Developmental | 2 | | Disabilities Code, and has received a certification that he | 3 | | or she is not a clear and present danger to himself, | 4 | | herself, or others. The physician, clinical psychologist, | 5 | | or qualified examiner making the certification and his or | 6 | | her employer shall not be held criminally, civilly, or | 7 | | professionally liable for making or not making the | 8 | | certification required under this subsection, except for | 9 | | willful or wanton misconduct. This subsection does not | 10 | | apply to a person whose firearm possession rights have been | 11 | | restored through administrative or judicial action under | 12 | | Section 10 or 11 of this Act. | 13 | | Upon revocation of a person's Firearm Owner's | 14 | | Identification Card, the Department of State Police shall | 15 | | provide notice to the person and the person shall comply with | 16 | | Section 9.5 of this Act. | 17 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 18 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | 19 | | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff. | 20 | | 7-16-14.)".
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