Full Text of SB2577 102nd General Assembly
SB2577sam001 102ND GENERAL ASSEMBLY | Sen. Sally J. Turner Filed: 4/8/2021
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| 1 | | AMENDMENT TO SENATE BILL 2577
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2577 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) This subsection (b) applies through the 180th day |
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| 1 | | following the effective date of this amendatory Act of the | 2 | | 101st General Assembly. A person under 21 years of age who | 3 | | does not have the written consent
of his parent or | 4 | | guardian to acquire and possess firearms and firearm
| 5 | | ammunition, or whose parent or guardian has revoked such | 6 | | written consent,
or where such parent or guardian does not | 7 | | qualify to have a Firearm Owner's
Identification Card; | 8 | | (b-5) This subsection (b-5) applies on and after the | 9 | | 181st day following the effective date of this amendatory | 10 | | Act of the 101st General Assembly. A person under 21 years | 11 | | of age who is not an active duty member of the United | 12 | | States Armed Forces and does not have the written consent
| 13 | | of his or her parent or guardian to acquire and possess | 14 | | firearms and firearm
ammunition, or whose parent or | 15 | | guardian has revoked such written consent,
or where such | 16 | | parent or guardian does not qualify to have a Firearm | 17 | | Owner's
Identification Card;
| 18 | | (c) A person convicted of a felony under the laws of | 19 | | this or any other
jurisdiction;
| 20 | | (d) A person addicted to narcotics;
| 21 | | (e) A person who has been a patient of a mental health | 22 | | facility within the
past 5 years or a person who has been a | 23 | | patient in a mental health facility more than 5 years ago | 24 | | who has not received the certification required under | 25 | | subsection (u) of this Section. An active law enforcement | 26 | | officer employed by a unit of government who is denied, |
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| 1 | | revoked, or has his or her Firearm Owner's Identification | 2 | | Card seized under this subsection (e) may obtain relief as | 3 | | described in subsection (c-5) of Section 10 of this Act if | 4 | | the officer did not act in a manner threatening to the | 5 | | officer, another person, or the public as determined by | 6 | | the treating clinical psychologist or physician, and the | 7 | | officer seeks mental health treatment;
| 8 | | (f) A person whose mental condition is of such a | 9 | | nature that it poses
a clear and present danger to the | 10 | | applicant, any other person or persons or
the community;
| 11 | | (g) A person who has an intellectual disability;
| 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 | 22 | | if 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 Government | 2 | | or the Government's
mission to an international | 3 | | organization having its headquarters in the United
| 4 | | States; or
| 5 | | (B) en route to or from another country to | 6 | | which that alien is
accredited;
| 7 | | (3) an official of a foreign government or | 8 | | distinguished foreign visitor
who has been so | 9 | | designated by the Department of State;
| 10 | | (4) a foreign law enforcement officer of a | 11 | | friendly foreign government
entering the United States | 12 | | on official business; or
| 13 | | (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 | 23 | | battery, aggravated domestic battery, or a substantially
| 24 | | similar offense in another jurisdiction committed before, | 25 | | on or after January 1, 2012 (the effective date of Public | 26 | | Act 97-158). If the applicant or person who has been |
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| 1 | | previously issued a Firearm Owner's Identification Card | 2 | | under this Act knowingly and intelligently waives the | 3 | | right to have an offense described in this paragraph (l) | 4 | | tried by a jury, and by guilty plea or otherwise, results | 5 | | in a conviction for an offense in which a domestic | 6 | | relationship is not a required element of the offense but | 7 | | in which a determination of the applicability of 18 U.S.C. | 8 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 9 | | Criminal Procedure of 1963, an entry by the court of a | 10 | | judgment of conviction for that offense shall be grounds | 11 | | for denying an application for and for revoking and | 12 | | seizing a Firearm Owner's Identification Card previously | 13 | | issued to the person under this Act;
| 14 | | (m) (Blank);
| 15 | | (n) A person who is prohibited from acquiring or | 16 | | possessing
firearms or firearm ammunition by any Illinois | 17 | | State statute or by federal
law;
| 18 | | (o) A minor subject to a petition filed under Section | 19 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 20 | | minor is a delinquent minor for
the commission of an | 21 | | offense that if committed by an adult would be a felony;
| 22 | | (p) An adult who had been adjudicated a delinquent | 23 | | minor under the Juvenile
Court Act of 1987 for the | 24 | | commission of an offense that if committed by an
adult | 25 | | would be a felony;
| 26 | | (q) A person who is not a resident of the State of |
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| 1 | | Illinois, except for an Illinois resident in the United | 2 | | States Military permanently assigned out of state, or as | 3 | | provided in subsection (a-10) of Section 4; | 4 | | (r) A person who has been adjudicated as a person with | 5 | | a mental disability; | 6 | | (s) A person who has been found to have a | 7 | | developmental disability; | 8 | | (t) A person involuntarily admitted into a mental | 9 | | health facility; or | 10 | | (u) A person who has had his or her Firearm Owner's | 11 | | Identification Card revoked or denied under subsection (e) | 12 | | of this Section or item (iv) of paragraph (2) of | 13 | | subsection (a) of Section 4 of this Act because he or she | 14 | | was a patient in a mental health facility as provided in | 15 | | subsection (e) of this Section, shall not be permitted to | 16 | | obtain a Firearm Owner's Identification Card, after the | 17 | | 5-year period has lapsed, unless he or she has received a | 18 | | mental health evaluation by a physician, clinical | 19 | | psychologist, or qualified examiner as those terms are | 20 | | defined in the Mental Health and Developmental | 21 | | Disabilities Code, and has received a certification that | 22 | | he or she is not a clear and present danger to himself, | 23 | | herself, or others. The physician, clinical psychologist, | 24 | | or qualified examiner making the certification and his or | 25 | | her employer shall not be held criminally, civilly, or | 26 | | professionally liable for making or not making the |
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| 1 | | certification required under this subsection, except for | 2 | | willful or wanton misconduct. This subsection does not | 3 | | apply to a person whose firearm possession rights have | 4 | | been restored through administrative or judicial action | 5 | | under Section 10 or 11 of this Act. | 6 | | Upon revocation of a person's Firearm Owner's | 7 | | Identification Card, the Department of State Police shall | 8 | | provide notice to the person and the person shall comply with | 9 | | Section 9.5 of this Act. | 10 | | (Source: P.A. 101-80, eff. 7-12-19.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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