Full Text of HB0182 94th General Assembly
HB0182eng 94TH GENERAL ASSEMBLY
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HB0182 Engrossed |
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LRB094 05540 RLC 35589 b |
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| AN ACT in relation to firearms.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing
Sections 4, 7, and 8 as follows:
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| (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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| Sec. 4. (a) Each applicant for a Firearm Owner's | 8 |
| Identification Card must:
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| (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
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| (2) Submit evidence to the Department of State Police | 15 |
| that:
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| (i) He or she is 18
21 years of age or over, or if | 17 |
| he or she is
under 18
21
years of age that he or she has | 18 |
| the written consent of his or her parent or
legal | 19 |
| guardian to possess and acquire firearms and firearm | 20 |
| ammunition and
that , if he or she is under 21 years of | 21 |
| age, he or she has never been
convicted of a | 22 |
| misdemeanor other than a traffic
offense or adjudged
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| delinquent, provided, however, that such parent or | 24 |
| legal guardian of an
applicant under 18 years of age is | 25 |
| not an
individual prohibited from having a Firearm | 26 |
| Owner's Identification Card and
files an affidavit | 27 |
| with the Department as prescribed by the Department
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| stating that he or she is not an individual prohibited | 29 |
| from having a Card;
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| (ii) He or she has not been convicted of a felony | 31 |
| under the laws of
this or any other jurisdiction;
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| (iii) He or she is not addicted to narcotics;
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| (iv) He or she has not been a patient in a mental | 2 |
| institution within
the past 5 years;
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| (v) He or she is not mentally retarded;
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| (vi) He or she is not an alien who is unlawfully | 5 |
| present in the
United States under the laws of the | 6 |
| United States;
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| (vii) He or she is not subject to an existing order | 8 |
| of protection
prohibiting him or her from possessing a | 9 |
| firearm;
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| (viii) He or she has not been convicted within the | 11 |
| past 5 years of
battery, assault, aggravated assault, | 12 |
| violation of an order of
protection, or a substantially | 13 |
| similar offense in another jurisdiction, in
which a | 14 |
| firearm was used or possessed;
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| (ix) He or she has not been convicted of domestic | 16 |
| battery or a
substantially similar offense in another
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| jurisdiction committed on or after the effective date | 18 |
| of this amendatory Act
of 1997;
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| (x) He or she has not been convicted within the | 20 |
| past 5 years of domestic
battery or a substantially | 21 |
| similar offense in another jurisdiction committed
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| before the effective date of this amendatory Act of | 23 |
| 1997;
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| (xi) He or she is not an alien who has been | 25 |
| admitted to the United
States under a non-immigrant | 26 |
| visa (as that term is defined in Section
101(a)(26) of | 27 |
| the Immigration and Nationality Act (8 U.S.C. | 28 |
| 1101(a)(26))),
or that he or she is an alien who has | 29 |
| been lawfully admitted to the United
States under a | 30 |
| non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful | 32 |
| hunting or sporting
purposes;
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| (2) an official representative of a foreign | 34 |
| government who is:
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| (A) accredited to the United States | 36 |
| Government or the Government's
mission to an |
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| international organization having its | 2 |
| headquarters in the United
States; or
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| (B) en route to or from another country to | 4 |
| which that alien is
accredited;
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| (3) an official of a foreign government or | 6 |
| distinguished foreign
visitor who has been so | 7 |
| designated by the Department of State;
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| (4) a foreign law enforcement officer of a | 9 |
| friendly foreign
government entering the United | 10 |
| States on official business; or
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| (5) one who has received a waiver from the | 12 |
| Attorney General of the
United States pursuant to | 13 |
| 18 U.S.C. 922(y)(3);
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| (xii) He or she is not a minor subject to a | 15 |
| petition filed
under Section 5-520 of the Juvenile | 16 |
| Court Act of 1987 alleging that the
minor is a | 17 |
| delinquent minor for the commission of an offense that | 18 |
| if
committed by an adult would be a felony; and
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| (xiii) He or she is not an adult who had been | 20 |
| adjudicated a delinquent
minor under the Juvenile | 21 |
| Court Act of 1987 for the commission of an offense
that | 22 |
| if committed by an adult would be a felony; and
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| (3) Upon request by the Department of State Police, | 24 |
| sign a release on a
form prescribed by the Department of | 25 |
| State Police waiving any right to
confidentiality and | 26 |
| requesting the disclosure to the Department of State Police
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| of limited mental health institution admission information | 28 |
| from another state,
the District of Columbia, any other | 29 |
| territory of the United States, or a
foreign nation | 30 |
| concerning the applicant for the sole purpose of | 31 |
| determining
whether the applicant is or was a patient in a | 32 |
| mental health institution and
disqualified because of that | 33 |
| status from receiving a Firearm Owner's
Identification | 34 |
| Card. No mental health care or treatment records may be
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| requested. The information received shall be destroyed | 36 |
| within one year of
receipt.
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| (a-5) Each applicant for a Firearm Owner's Identification | 2 |
| Card who is over
the age of 18 shall furnish to the Department | 3 |
| of State Police either his or
her driver's license number or | 4 |
| Illinois Identification Card number.
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| (a-10) Each applicant for a Firearm Owner's Identification | 6 |
| Card,
who is employed as an armed security officer at a nuclear | 7 |
| energy,
storage, weapons, or development facility regulated by | 8 |
| the Nuclear
Regulatory Commission and who is not an Illinois | 9 |
| resident, shall furnish to
the Department of State Police his | 10 |
| or her driver's license number or state
identification card | 11 |
| number from his or her state of residence. The Department
of | 12 |
| State Police may promulgate rules to enforce the provisions of | 13 |
| this
subsection (a-10).
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| (b) Each application form shall include the following | 15 |
| statement printed in
bold type: "Warning: Entering false | 16 |
| information on an application for a Firearm
Owner's | 17 |
| Identification Card is punishable as a Class 2 felony in | 18 |
| accordance
with subsection (d-5) of Section 14 of the Firearm | 19 |
| Owners Identification Card
Act.".
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| (c) Upon such written consent, pursuant to Section 4, | 21 |
| paragraph (a)(2)(i),
the parent or legal guardian giving the | 22 |
| consent shall be liable for any
damages resulting from the | 23 |
| applicant's use of firearms or firearm ammunition.
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| (Source: P.A. 92-442, eff.
8-17-01; 92-839, eff. 8-22-02; | 25 |
| 92-854, eff. 12-5-02; 93-367, eff. 1-1-04.)
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| (430 ILCS 65/7) (from Ch. 38, par. 83-7)
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| Sec. 7. Expiration of a Firearm Owner's Identification | 28 |
| Card.
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| (a) Except as provided in subsection (b) of this Section | 30 |
| and Section 8 of this Act, a Firearm Owner's
Identification | 31 |
| Card issued under the provisions of this Act shall be valid
for | 32 |
| the person to whom it is issued for a period of 5 years from the | 33 |
| date
of issuance.
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| (b) A Firearm Owner's Identification Card issued under the | 35 |
| provisions of this Act to a person who is on active duty for |
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| the Armed Forces of the United States that expires while that | 2 |
| person is on active duty for the Armed Forces of the United | 3 |
| States is valid for 6 months from the time the person is | 4 |
| released from active duty.
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| (Source: Laws 1967, p. 2600.)
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| (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| Sec. 8. 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:
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| (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;
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| (b) A person under 18
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
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| Identification Card;
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| (c) A person convicted of a felony under the laws of this | 22 |
| or any other
jurisdiction;
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| (d) A person addicted to narcotics;
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| (e) A person who has been a patient of a mental institution | 25 |
| within the
past 5 years;
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| (f) A person whose mental condition is of such a nature | 27 |
| that it poses
a clear and present danger to the applicant, any | 28 |
| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 30 |
| a state of
mind manifested by violent, suicidal, threatening or | 31 |
| assaultive behavior.
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| (g) A person who is mentally retarded;
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| (h) A person who intentionally makes a false statement in | 34 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States |
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| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States | 3 |
| under a
non-immigrant visa (as that term is defined in Section | 4 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 5 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 6 |
| to any alien who has been lawfully admitted to
the United | 7 |
| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 9 |
| sporting purposes;
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| (2) an official representative of a foreign government | 11 |
| who is:
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| (A) accredited to the United States Government or | 13 |
| the Government's
mission to an international | 14 |
| organization having its headquarters in the United
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| States; or
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| (B) en route to or from another country to which | 17 |
| that alien is
accredited;
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| (3) an official of a foreign government or | 19 |
| distinguished foreign visitor
who has been so designated by | 20 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 22 |
| foreign government
entering the United States on official | 23 |
| business; or
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| (5) one who has received a waiver from the Attorney | 25 |
| General of the United
States pursuant to 18 U.S.C. | 26 |
| 922(y)(3);
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| (j) A person who is subject to an existing order of | 28 |
| protection prohibiting
him or her from possessing a firearm;
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| (k) A person who has been convicted within the past 5 years | 30 |
| of battery,
assault, aggravated assault, violation of an order | 31 |
| of protection, or a
substantially similar offense in another | 32 |
| jurisdiction, in which a firearm was
used or possessed;
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| (l) A person who has been convicted of domestic battery or | 34 |
| a substantially
similar offense in another jurisdiction | 35 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years |
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| of domestic
battery or a substantially similar offense in | 2 |
| another jurisdiction committed
before January 1, 1998;
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| (n) A person who is prohibited from acquiring or possessing
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| firearms or firearm ammunition by any Illinois State statute or | 5 |
| by federal
law;
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| (o) A minor subject to a petition filed under Section 5-520 | 7 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a | 8 |
| delinquent minor for
the commission of an offense that if | 9 |
| committed by an adult would be a felony;
or
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| (p) An adult who had been adjudicated a delinquent minor | 11 |
| under the Juvenile
Court Act of 1987 for the commission of an | 12 |
| offense that if committed by an
adult would be a felony.
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| (Source: P.A. 92-854, eff. 12-5-02; 93-367, eff. 1-1-04 .)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law. |
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