Full Text of HB0051 98th General Assembly
HB0051 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0051 Introduced 1/9/2013, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: | | 430 ILCS 65/8 | from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Makes a technical change
in
the Section relating to grounds for denying an application for and for revoking
and seizing a Firearm Owner's Identification Card.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 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. The The Department of State Police has authority to | 8 | | deny an
application for or to revoke and seize a Firearm | 9 | | Owner's Identification
Card previously issued under this Act | 10 | | only if the Department finds that the
applicant or the person | 11 | | to whom such card was issued is or was at the time
of issuance:
| 12 | | (a) A person under 21 years of age who has been convicted | 13 | | of a
misdemeanor other than a traffic offense or adjudged | 14 | | delinquent;
| 15 | | (b) A person under 21 years of age who does not have the | 16 | | written consent
of his parent or guardian to acquire and | 17 | | possess firearms and firearm
ammunition, or whose parent or | 18 | | guardian has revoked such written consent,
or where such parent | 19 | | or guardian does not qualify to have a Firearm Owner's
| 20 | | Identification Card;
| 21 | | (c) A person convicted of a felony under the laws of this | 22 | | or any other
jurisdiction;
| 23 | | (d) A person addicted to narcotics;
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| 1 | | (e) A person who has been a patient of a mental institution | 2 | | within the
past 5 years or has been adjudicated as a mental | 3 | | defective;
| 4 | | (f) A person whose mental condition is of such a nature | 5 | | that it poses
a clear and present danger to the applicant, any | 6 | | other person or persons or
the community;
| 7 | | For the purposes of this Section, "mental condition" means | 8 | | a state of
mind manifested by violent, suicidal, threatening or | 9 | | assaultive behavior.
| 10 | | (g) A person who is intellectually disabled;
| 11 | | (h) A person who intentionally makes a false statement in | 12 | | the Firearm
Owner's Identification Card application;
| 13 | | (i) An alien who is unlawfully present in
the United States | 14 | | under the laws of the United States;
| 15 | | (i-5) An alien who has been admitted to the United States | 16 | | under a
non-immigrant visa (as that term is defined in Section | 17 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 18 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 19 | | to any alien who has been lawfully admitted to
the United | 20 | | States under a non-immigrant visa if that alien is:
| 21 | | (1) admitted to the United States for lawful hunting or | 22 | | sporting purposes;
| 23 | | (2) an official representative of a foreign government | 24 | | who is:
| 25 | | (A) accredited to the United States Government or | 26 | | the Government's
mission to an international |
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| 1 | | organization having its headquarters in the United
| 2 | | States; or
| 3 | | (B) en route to or from another country to which | 4 | | that alien is
accredited;
| 5 | | (3) an official of a foreign government or | 6 | | distinguished foreign visitor
who has been so designated by | 7 | | the Department of State;
| 8 | | (4) a foreign law enforcement officer of a friendly | 9 | | foreign government
entering the United States on official | 10 | | business; or
| 11 | | (5) one who has received a waiver from the Attorney | 12 | | General of the United
States pursuant to 18 U.S.C. | 13 | | 922(y)(3);
| 14 | | (j) (Blank);
| 15 | | (k) A person who has been convicted within the past 5 years | 16 | | of battery,
assault, aggravated assault, violation of an order | 17 | | of protection, or a
substantially similar offense in another | 18 | | jurisdiction, in which a firearm was
used or possessed;
| 19 | | (l) A person who has been convicted of domestic battery, | 20 | | aggravated domestic battery, or a substantially
similar | 21 | | offense in another jurisdiction committed before, on or after | 22 | | January 1, 2012 (the effective date of Public Act 97-158). If | 23 | | the applicant or person who has been previously issued a | 24 | | Firearm Owner's Identification Card under this Act knowingly | 25 | | and intelligently waives the right to have an offense described | 26 | | in this paragraph (l) tried by a jury, and by guilty plea or |
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| 1 | | otherwise, results in a conviction for an offense in which a | 2 | | domestic relationship is not a required element of the offense | 3 | | but in which a determination of the applicability of 18 U.S.C. | 4 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 5 | | Criminal Procedure of 1963, an entry by the court of a judgment | 6 | | of conviction for that offense shall be grounds for denying an | 7 | | application for and for revoking and seizing a Firearm Owner's | 8 | | Identification Card previously issued to the person under this | 9 | | Act;
| 10 | | (m) (Blank);
| 11 | | (n) A person who is prohibited from acquiring or possessing
| 12 | | firearms or firearm ammunition by any Illinois State statute or | 13 | | by federal
law;
| 14 | | (o) A minor subject to a petition filed under Section 5-520 | 15 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 16 | | delinquent minor for
the commission of an offense that if | 17 | | committed by an adult would be a felony;
| 18 | | (p) An adult who had been adjudicated a delinquent minor | 19 | | under the Juvenile
Court Act of 1987 for the commission of an | 20 | | offense that if committed by an
adult would be a felony; or
| 21 | | (q) A person who is not a resident of the State of | 22 | | Illinois, except as provided in subsection (a-10) of Section 4. | 23 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 24 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
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