Full Text of SB1840 96th General Assembly
SB1840eng 96TH GENERAL ASSEMBLY
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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 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 |
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| legal guardian of an applicant under 18 years of age is | 2 |
| not an
individual prohibited from having a Firearm | 3 |
| Owner's Identification Card and
files an affidavit | 4 |
| with the Department as prescribed by the Department
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| stating that he or she is not an individual prohibited | 6 |
| from having a Card;
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| (ii) He or she has not been convicted of a felony | 8 |
| 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 | 11 |
| institution within
the past 5 years and he or she has | 12 |
| not been adjudicated as a mental defective;
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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 | 15 |
| present in the
United States under the laws of the | 16 |
| United States;
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| (vii) He or she is not subject to an existing order | 18 |
| of protection
prohibiting him or her from possessing a | 19 |
| firearm;
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| (viii) He or she has not been convicted within the | 21 |
| past 5 years of
battery, assault, aggravated assault, | 22 |
| violation of an order of
protection, or a substantially | 23 |
| similar offense in another jurisdiction, in
which a | 24 |
| firearm was used or possessed;
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| (ix) He or she has not been convicted of domestic | 26 |
| battery or a
substantially similar offense in another
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| jurisdiction committed on or after the effective date | 2 |
| of this amendatory Act
of 1997;
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| (x) He or she has not been convicted within the | 4 |
| past 5 years of domestic
battery or a substantially | 5 |
| similar offense in another jurisdiction committed
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| before the effective date of this amendatory Act of | 7 |
| 1997;
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| (xi) He or she is not an alien who has been | 9 |
| admitted to the United
States under a non-immigrant | 10 |
| visa (as that term is defined in Section
101(a)(26) of | 11 |
| the Immigration and Nationality Act (8 U.S.C. | 12 |
| 1101(a)(26))),
or that he or she is an alien who has | 13 |
| been lawfully admitted to the United
States under a | 14 |
| non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful | 16 |
| hunting or sporting
purposes;
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| (2) an official representative of a foreign | 18 |
| government who is:
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| (A) accredited to the United States | 20 |
| Government or the Government's
mission to an | 21 |
| international organization having its | 22 |
| headquarters in the United
States; or
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| (B) en route to or from another country to | 24 |
| which that alien is
accredited;
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| (3) an official of a foreign government or | 26 |
| distinguished foreign
visitor who has been so |
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| designated by the Department of State;
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| (4) a foreign law enforcement officer of a | 3 |
| friendly foreign
government entering the United | 4 |
| States on official business; or
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| (5) one who has received a waiver from the | 6 |
| Attorney General of the
United States pursuant to | 7 |
| 18 U.S.C. 922(y)(3);
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| (xii) He or she is not a minor subject to a | 9 |
| petition filed
under Section 5-520 of the Juvenile | 10 |
| Court Act of 1987 alleging that the
minor is a | 11 |
| delinquent minor for the commission of an offense that | 12 |
| 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 | 14 |
| adjudicated a delinquent
minor under the Juvenile | 15 |
| Court Act of 1987 for the commission of an offense
that | 16 |
| if committed by an adult would be a felony; and
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| (3) Upon request by the Department of State Police, | 18 |
| sign a release on a
form prescribed by the Department of | 19 |
| State Police waiving any right to
confidentiality and | 20 |
| requesting the disclosure to the Department of State Police
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| of limited mental health institution admission information | 22 |
| from another state,
the District of Columbia, any other | 23 |
| territory of the United States, or a
foreign nation | 24 |
| concerning the applicant for the sole purpose of | 25 |
| determining
whether the applicant is or was a patient in a | 26 |
| mental health institution and
disqualified because of that |
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| status from receiving a Firearm Owner's
Identification | 2 |
| Card. No mental health care or treatment records may be
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| requested. The information received shall be destroyed | 4 |
| within one year of
receipt.
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| (a-5) Each applicant for a Firearm Owner's Identification | 6 |
| Card who is over
the age of 18 shall furnish to the Department | 7 |
| of State Police either his or
her driver's license number or | 8 |
| Illinois Identification Card number.
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| (a-10) Each applicant for a Firearm Owner's Identification | 10 |
| Card,
who is employed as an armed security officer at a nuclear | 11 |
| energy,
storage, weapons, or development facility regulated by | 12 |
| the Nuclear
Regulatory Commission and who is not an Illinois | 13 |
| resident, shall furnish to
the Department of State Police his | 14 |
| or her driver's license number or state
identification card | 15 |
| number from his or her state of residence. The Department
of | 16 |
| State Police may promulgate rules to enforce the provisions of | 17 |
| this
subsection (a-10).
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| (b) Each application form shall include the following | 19 |
| statement printed in
bold type: "Warning: Entering false | 20 |
| information on an application for a Firearm
Owner's | 21 |
| Identification Card is punishable as a Class 2 felony in | 22 |
| accordance
with subsection (d-5) of Section 14 of the Firearm | 23 |
| Owners Identification Card
Act.".
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| (c) Upon such written consent, pursuant to Section 4, | 25 |
| paragraph (a)(2)(i),
the parent or legal guardian giving the | 26 |
| consent shall be liable for any
damages resulting from the |
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| applicant's use of firearms or firearm ammunition.
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| (Source: P.A. 95-581, eff. 6-1-08 .)
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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 | 5 |
| deny an
application for or to revoke and seize a Firearm | 6 |
| Owner's Identification
Card previously issued under this Act | 7 |
| only if the Department finds that the
applicant or the person | 8 |
| 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 | 10 |
| of a
misdemeanor other than a traffic offense or adjudged | 11 |
| delinquent;
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| (b) A person under 18 21 years of age who does not have the | 13 |
| written consent
of his parent or guardian to acquire and | 14 |
| possess firearms and firearm
ammunition, or whose parent or | 15 |
| guardian has revoked such written consent,
or where such parent | 16 |
| 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 | 19 |
| 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 | 22 |
| within the
past 5 years or has been adjudicated as a mental | 23 |
| defective;
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| (f) A person whose mental condition is of such a nature | 25 |
| that it poses
a clear and present danger to the applicant, any |
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| other person or persons or
the community;
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| For the purposes of this Section, "mental condition" means | 3 |
| a state of
mind manifested by violent, suicidal, threatening or | 4 |
| 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 | 7 |
| the Firearm
Owner's Identification Card application;
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| (i) An alien who is unlawfully present in
the United States | 9 |
| under the laws of the United States;
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| (i-5) An alien who has been admitted to the United States | 11 |
| under a
non-immigrant visa (as that term is defined in Section | 12 |
| 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 13 |
| 1101(a)(26))), except that this
subsection (i-5) does not apply | 14 |
| to any alien who has been lawfully admitted to
the United | 15 |
| States under a non-immigrant visa if that alien is:
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| (1) admitted to the United States for lawful hunting or | 17 |
| sporting purposes;
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| (2) an official representative of a foreign government | 19 |
| who is:
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| (A) accredited to the United States Government or | 21 |
| the Government's
mission to an international | 22 |
| 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 | 25 |
| that alien is
accredited;
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| (3) an official of a foreign government or |
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| distinguished foreign visitor
who has been so designated by | 2 |
| the Department of State;
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| (4) a foreign law enforcement officer of a friendly | 4 |
| foreign government
entering the United States on official | 5 |
| business; or
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| (5) one who has received a waiver from the Attorney | 7 |
| General of the United
States pursuant to 18 U.S.C. | 8 |
| 922(y)(3);
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| (j) A person who is subject to an existing order of | 10 |
| 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 | 12 |
| of battery,
assault, aggravated assault, violation of an order | 13 |
| of protection, or a
substantially similar offense in another | 14 |
| jurisdiction, in which a firearm was
used or possessed;
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| (l) A person who has been convicted of domestic battery or | 16 |
| a substantially
similar offense in another jurisdiction | 17 |
| committed on or after January 1,
1998;
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| (m) A person who has been convicted within the past 5 years | 19 |
| of domestic
battery or a substantially similar offense in | 20 |
| 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 | 23 |
| by federal
law;
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| (o) A minor subject to a petition filed under Section 5-520 | 25 |
| of the
Juvenile Court Act of 1987 alleging that the minor is a | 26 |
| delinquent minor for
the commission of an offense that if |
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| committed by an adult would be a felony;
or
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| (p) An adult who had been adjudicated a delinquent minor | 3 |
| under the Juvenile
Court Act of 1987 for the commission of an | 4 |
| offense that if committed by an
adult would be a felony.
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| (Source: P.A. 95-581, eff. 6-1-08 .)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law. |
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