100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5492

 

Introduced , by Rep. Gregory Harris

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Police Training Act. Provides the annual training of police chiefs must include at least one course on the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, and firearms investigations. Amends the Firearm Owners Identification Card Act. In the definition of "clear and present danger" that the person demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, adds that it includes any act that is intended to cause or create a risk and does cause or create a risk of death or great bodily harm to one or more persons. Defines "patient" for purposes of the Act as a person who: is admitted as an in-patient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission; or is otherwise provided mental health treatment as an in-patient or resident by a public or private mental health facility, unless the treatment was solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility, and who poses a clear and present danger to himself, herself, or to others. Permits the Department of State Police to notify the FBI if a person on the Terrorist Watchlist submits an application for a Firearm Owner's Identification Card. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5492LRB100 20809 SLF 36299 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 10.7 as follows:
 
6    (50 ILCS 705/10.7)
7    Sec. 10.7. Mandatory training; police chief and deputy
8police chief. Each police chief and deputy police chief shall
9obtain at least 20 hours of training each year. The training
10must be approved by the Illinois Law Enforcement Training and
11Standards Board and must be related to law enforcement,
12management or executive development, or ethics, and must
13include at least one course on the Firearm Owners
14Identification Card Act, the Firearm Concealed Carry Act, and
15firearms investigations. This requirement may be satisfied by
16attending any training portion of a conference held by an
17association that represents chiefs of police that has been
18approved by the Illinois Law Enforcement Training and Standards
19Board. Any police chief and any deputy police chief, upon
20presentation of a certificate of completion from the person or
21entity conducting the training, shall be reimbursed by the
22municipality in accordance with the municipal policy
23regulating the terms of reimbursement, for his or her

 

 

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1reasonable expenses in obtaining the training required under
2this Section. No police chief or deputy police chief may attend
3any recognized training offering without the prior approval of
4his or her municipal mayor, manager, or immediate supervisor.
5    This Section does not apply to the City of Chicago or the
6Sheriff's Police Department in Cook County.
7(Source: P.A. 94-354, eff. 1-1-06.)
 
8    Section 10. The Firearm Owners Identification Card Act is
9amended by changing Sections 1.1, 3.1, 3.3, 8, and 9.5 as
10follows:
 
11    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
12    Sec. 1.1. For purposes of this Act:
13    "Addicted to narcotics" means a person who has been:
14        (1) convicted of an offense involving the use or
15    possession of cannabis, a controlled substance, or
16    methamphetamine within the past year; or
17        (2) determined by the Department of State Police to be
18    addicted to narcotics based upon federal law or federal
19    guidelines.
20    "Addicted to narcotics" does not include possession or use
21of a prescribed controlled substance under the direction and
22authority of a physician or other person authorized to
23prescribe the controlled substance when the controlled
24substance is used in the prescribed manner.

 

 

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1    "Adjudicated as a person with a mental disability" means
2the person is the subject of a determination by a court, board,
3commission or other lawful authority that the person, as a
4result of marked subnormal intelligence, or mental illness,
5mental impairment, incompetency, condition, or disease:
6        (1) presents a clear and present danger to himself,
7    herself, or to others;
8        (2) lacks the mental capacity to manage his or her own
9    affairs or is adjudicated a person with a disability as
10    defined in Section 11a-2 of the Probate Act of 1975;
11        (3) is not guilty in a criminal case by reason of
12    insanity, mental disease or defect;
13        (3.5) is guilty but mentally ill, as provided in
14    Section 5-2-6 of the Unified Code of Corrections;
15        (4) is incompetent to stand trial in a criminal case;
16        (5) is not guilty by reason of lack of mental
17    responsibility under Articles 50a and 72b of the Uniform
18    Code of Military Justice, 10 U.S.C. 850a, 876b;
19        (6) is a sexually violent person under subsection (f)
20    of Section 5 of the Sexually Violent Persons Commitment
21    Act;
22        (7) is a sexually dangerous person under the Sexually
23    Dangerous Persons Act;
24        (8) is unfit to stand trial under the Juvenile Court
25    Act of 1987;
26        (9) is not guilty by reason of insanity under the

 

 

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1    Juvenile Court Act of 1987;
2        (10) is subject to involuntary admission as an
3    inpatient as defined in Section 1-119 of the Mental Health
4    and Developmental Disabilities Code;
5        (11) is subject to involuntary admission as an
6    outpatient as defined in Section 1-119.1 of the Mental
7    Health and Developmental Disabilities Code;
8        (12) is subject to judicial admission as set forth in
9    Section 4-500 of the Mental Health and Developmental
10    Disabilities Code; or
11        (13) is subject to the provisions of the Interstate
12    Agreements on Sexually Dangerous Persons Act.
13    "Clear and present danger" means a person who:
14        (1) communicates a serious threat of physical violence
15    against a reasonably identifiable victim or poses a clear
16    and imminent risk of serious physical injury to himself,
17    herself, or another person as determined by a physician,
18    clinical psychologist, or qualified examiner; or
19        (2) demonstrates threatening physical or verbal
20    behavior, such as violent, suicidal, or assaultive
21    threats, actions, or other behavior, as determined by a
22    physician, clinical psychologist, qualified examiner,
23    school administrator, or law enforcement official,
24    including any act that is intended to cause or create a
25    risk and does cause or create a risk of death or great
26    bodily harm to one or more persons.

 

 

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1    "Clinical psychologist" has the meaning provided in
2Section 1-103 of the Mental Health and Developmental
3Disabilities Code.
4    "Controlled substance" means a controlled substance or
5controlled substance analog as defined in the Illinois
6Controlled Substances Act.
7    "Counterfeit" means to copy or imitate, without legal
8authority, with intent to deceive.
9    "Federally licensed firearm dealer" means a person who is
10licensed as a federal firearms dealer under Section 923 of the
11federal Gun Control Act of 1968 (18 U.S.C. 923).
12    "Firearm" means any device, by whatever name known, which
13is designed to expel a projectile or projectiles by the action
14of an explosion, expansion of gas or escape of gas; excluding,
15however:
16        (1) any pneumatic gun, spring gun, paint ball gun, or
17    B-B gun which expels a single globular projectile not
18    exceeding .18 inch in diameter or which has a maximum
19    muzzle velocity of less than 700 feet per second;
20        (1.1) any pneumatic gun, spring gun, paint ball gun, or
21    B-B gun which expels breakable paint balls containing
22    washable marking colors;
23        (2) any device used exclusively for signalling or
24    safety and required or recommended by the United States
25    Coast Guard or the Interstate Commerce Commission;
26        (3) any device used exclusively for the firing of stud

 

 

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1    cartridges, explosive rivets or similar industrial
2    ammunition; and
3        (4) an antique firearm (other than a machine-gun)
4    which, although designed as a weapon, the Department of
5    State Police finds by reason of the date of its
6    manufacture, value, design, and other characteristics is
7    primarily a collector's item and is not likely to be used
8    as a weapon.
9    "Firearm ammunition" means any self-contained cartridge or
10shotgun shell, by whatever name known, which is designed to be
11used or adaptable to use in a firearm; excluding, however:
12        (1) any ammunition exclusively designed for use with a
13    device used exclusively for signalling or safety and
14    required or recommended by the United States Coast Guard or
15    the Interstate Commerce Commission; and
16        (2) any ammunition designed exclusively for use with a
17    stud or rivet driver or other similar industrial
18    ammunition.
19    "Gun show" means an event or function:
20        (1) at which the sale and transfer of firearms is the
21    regular and normal course of business and where 50 or more
22    firearms are displayed, offered, or exhibited for sale,
23    transfer, or exchange; or
24        (2) at which not less than 10 gun show vendors display,
25    offer, or exhibit for sale, sell, transfer, or exchange
26    firearms.

 

 

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1    "Gun show" includes the entire premises provided for an
2event or function, including parking areas for the event or
3function, that is sponsored to facilitate the purchase, sale,
4transfer, or exchange of firearms as described in this Section.
5Nothing in this definition shall be construed to exclude a gun
6show held in conjunction with competitive shooting events at
7the World Shooting Complex sanctioned by a national governing
8body in which the sale or transfer of firearms is authorized
9under subparagraph (5) of paragraph (g) of subsection (A) of
10Section 24-3 of the Criminal Code of 2012.
11    Unless otherwise expressly stated, "gun show" does not
12include training or safety classes, competitive shooting
13events, such as rifle, shotgun, or handgun matches, trap,
14skeet, or sporting clays shoots, dinners, banquets, raffles, or
15any other event where the sale or transfer of firearms is not
16the primary course of business.
17    "Gun show promoter" means a person who organizes or
18operates a gun show.
19    "Gun show vendor" means a person who exhibits, sells,
20offers for sale, transfers, or exchanges any firearms at a gun
21show, regardless of whether the person arranges with a gun show
22promoter for a fixed location from which to exhibit, sell,
23offer for sale, transfer, or exchange any firearm.
24    "Involuntarily admitted" has the meaning as prescribed in
25Sections 1-119 and 1-119.1 of the Mental Health and
26Developmental Disabilities Code.

 

 

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1    "Mental health facility" means any licensed private
2hospital or hospital affiliate, institution, or facility, or
3part thereof, and any facility, or part thereof, operated by
4the State or a political subdivision thereof which provide
5treatment of persons with mental illness and includes all
6hospitals, institutions, clinics, evaluation facilities,
7mental health centers, colleges, universities, long-term care
8facilities, and nursing homes, or parts thereof, which provide
9treatment of persons with mental illness whether or not the
10primary purpose is to provide treatment of persons with mental
11illness.
12    "National governing body" means a group of persons who
13adopt rules and formulate policy on behalf of a national
14firearm sporting organization.
15    "Patient" means:
16        (1) a person who:
17            (a) is admitted as an in-patient or resident of a
18        public or private mental health facility for mental
19        health treatment under Chapter III of the Mental Health
20        and Developmental Disabilities Code as an informal
21        admission under Article III, a voluntary admission
22        under Article IV, a minor admission under Article V, an
23        emergency admission under Article VI, or an
24        involuntary admission under Article VII; or
25            (b) is otherwise provided mental health treatment
26        as an in-patient or resident by a voluntarily receives

 

 

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1        mental health treatment as an in-patient or resident of
2        any public or private mental health facility, unless
3        the treatment was solely for an alcohol abuse disorder
4        and no other secondary substance abuse disorder or
5        mental illness; or
6        (2) a person who voluntarily or involuntarily receives
7    mental health treatment as an out-patient or is otherwise
8    provided services by a public or private mental health
9    facility, and who poses a clear and present danger to
10    himself, herself, or to others.
11    "Person with a developmental disability" means a person
12with a disability which is attributable to any other condition
13which results in impairment similar to that caused by an
14intellectual disability and which requires services similar to
15those required by persons with intellectual disabilities. The
16disability must originate before the age of 18 years, be
17expected to continue indefinitely, and constitute a
18substantial disability. This disability results, in the
19professional opinion of a physician, clinical psychologist, or
20qualified examiner, in significant functional limitations in 3
21or more of the following areas of major life activity:
22        (i) self-care;
23        (ii) receptive and expressive language;
24        (iii) learning;
25        (iv) mobility; or
26        (v) self-direction.

 

 

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1    "Person with an intellectual disability" means a person
2with a significantly subaverage general intellectual
3functioning which exists concurrently with impairment in
4adaptive behavior and which originates before the age of 18
5years.
6    "Physician" has the meaning as defined in Section 1-120 of
7the Mental Health and Developmental Disabilities Code.
8    "Qualified examiner" has the meaning provided in Section
91-122 of the Mental Health and Developmental Disabilities Code.
10    "Sanctioned competitive shooting event" means a shooting
11contest officially recognized by a national or state shooting
12sport association, and includes any sight-in or practice
13conducted in conjunction with the event.
14    "School administrator" means the person required to report
15under the School Administrator Reporting of Mental Health Clear
16and Present Danger Determinations Law.
17    "Stun gun or taser" has the meaning ascribed to it in
18Section 24-1 of the Criminal Code of 2012.
19(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
20eff. 7-27-15; 99-642, eff. 7-28-16.)
 
21    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
22    Sec. 3.1. Firearm transfer inquiry program Dial up system.
23    (a) The Department of State Police shall provide a firearm
24transfer inquiry program consisting of a dial up telephone
25system or utilize other existing technology which shall be used

 

 

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1by any federally licensed firearm dealer, gun show promoter, or
2gun show vendor who is to transfer a firearm, stun gun, or
3taser under the provisions of this Act. The Department of State
4Police may utilize existing technology which allows the caller
5to be charged a fee not to exceed $2. Fees collected by the
6Department of State Police shall be deposited in the State
7Police Services Fund and used to provide the service.
8    (b) Upon receiving a request from a federally licensed
9firearm dealer, gun show promoter, or gun show vendor, the
10Department of State Police shall immediately approve, or within
11the time period established by Section 24-3 of the Criminal
12Code of 2012 regarding the delivery of firearms, stun guns, and
13tasers notify the inquiring dealer, gun show promoter, or gun
14show vendor of any objection that would disqualify the
15transferee from acquiring or possessing a firearm, stun gun, or
16taser. In conducting the inquiry, the Department of State
17Police shall initiate and complete an automated search of its
18criminal history record information files and those of the
19Federal Bureau of Investigation, including the National
20Instant Criminal Background Check System, and of the files of
21the Department of Human Services relating to mental health and
22developmental disabilities to obtain any felony conviction or
23patient hospitalization information which would disqualify a
24person from obtaining or require revocation of a currently
25valid Firearm Owner's Identification Card.
26    (c) If receipt of a firearm would not violate Section 24-3

 

 

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1of the Criminal Code of 2012, federal law, or this Act the
2Department of State Police shall:
3        (1) assign a unique identification number to the
4    transfer; and
5        (2) provide the licensee, gun show promoter, or gun
6    show vendor with the number.
7    (d) Approvals issued by the Department of State Police for
8the purchase of a firearm are valid for 30 days from the date
9of issue.
10    (e) (1) The Department of State Police must act as the
11Illinois Point of Contact for the National Instant Criminal
12Background Check System.
13    (2) The Department of State Police and the Department of
14Human Services shall, in accordance with State and federal law
15regarding confidentiality, enter into a memorandum of
16understanding with the Federal Bureau of Investigation for the
17purpose of implementing the National Instant Criminal
18Background Check System in the State. The Department of State
19Police shall report the name, date of birth, and physical
20description of any person prohibited from possessing a firearm
21pursuant to the Firearm Owners Identification Card Act or 18
22U.S.C. 922(g) and (n) to the National Instant Criminal
23Background Check System Index, Denied Persons Files.
24    (3) The Department of State Police shall, within 3 business
25days, provide notice of the disqualification of a person under
26subsection (b) of this Section or the revocation of a person's

 

 

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1Firearm Owner's Identification Card under Section 8 or Section
28.2 of this Act, and the reason for the disqualification or
3revocation, to all law enforcement agencies with jurisdiction
4to assist with the seizure of the person's Firearm Owner's
5Identification Card.
6    (f) The Department of State Police shall adopt rules not
7inconsistent with this Section to implement this system.
8(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
 
9    (430 ILCS 65/3.3)
10    Sec. 3.3. Report to the local law enforcement agency;
11notification to the Federal Bureau of Investigation.
12    (a) The Department of State Police must report the name and
13address of a person to the local law enforcement agency where
14the person resides if the person attempting to purchase a
15firearm is disqualified from purchasing a firearm because of
16information obtained under subsection (a-10) of Section 3 or
17Section 3.1 that would disqualify the person from obtaining a
18Firearm Owner's Identification Card under any of subsections
19(c) through (n) of Section 8 of this Act.
20    (b) The Department of State Police may notify the Federal
21Bureau of Investigation when a person named on the consolidated
22Terrorist Watchlist maintained by the Terrorist Screening
23Center administrated by the Federal Bureau of Investigation is
24making application for a Firearm Owner's Identification Card.
25(Source: P.A. 98-508, eff. 8-19-13.)
 

 

 

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1    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
2    Sec. 8. Grounds for denial and revocation. The Department
3of State Police has authority to deny an application for or to
4revoke and seize a Firearm Owner's Identification Card
5previously issued under this Act only if the Department finds
6that the applicant or the person to whom such card was issued
7is or was at the time of issuance:
8        (a) A person under 21 years of age who has been
9    convicted of a misdemeanor other than a traffic offense or
10    adjudged delinquent;
11        (b) A person under 21 years of age who does not have
12    the written consent of his parent or guardian to acquire
13    and possess firearms and firearm ammunition, or whose
14    parent or guardian has revoked such written consent, or
15    where such parent or guardian does not qualify to have a
16    Firearm Owner's Identification Card;
17        (c) A person convicted of a felony under the laws of
18    this or any other jurisdiction;
19        (d) A person addicted to narcotics;
20        (e) A person who has been a patient of a mental health
21    facility within the past 5 years or a person who has been a
22    patient in a mental health facility more than 5 years ago
23    who has not received the certification required under
24    subsection (u) of this Section. An active law enforcement
25    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 the
6    treating clinical psychologist or physician, and the
7    officer seeks mental health treatment;
8        (f) A person whose mental condition is of such a nature
9    that it poses a clear and present danger to the applicant,
10    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 if
22    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 friendly
11        foreign government entering the United States on
12        official business; or
13            (5) one who has received a waiver from the Attorney
14        General of the United States pursuant to 18 U.S.C.
15        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 right
3    to have an offense described in this paragraph (l) tried by
4    a jury, and by guilty plea or otherwise, results in a
5    conviction for an offense in which a domestic relationship
6    is not a required element of the offense but in which a
7    determination of the applicability of 18 U.S.C. 922(g)(9)
8    is made under Section 112A-11.1 of the Code of Criminal
9    Procedure of 1963, an entry by the court of a judgment of
10    conviction for that offense shall be grounds for denying an
11    application for and for revoking and seizing a Firearm
12    Owner's Identification Card previously issued to the
13    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 as provided in subsection (a-10) of
2    Section 4;
3        (r) A person who has been adjudicated as a person with
4    a mental disability;
5        (s) A person who has been found to have a developmental
6    disability;
7        (t) A person involuntarily admitted into a mental
8    health facility; or
9        (u) A person who has had his or her Firearm Owner's
10    Identification Card revoked or denied under subsection (e)
11    of this Section or item (iv) of paragraph (2) of subsection
12    (a) of Section 4 of this Act because he or she was a
13    patient in a mental health facility as provided in
14    subsection (e) of this Section, shall not be permitted to
15    obtain a Firearm Owner's Identification Card, after the
16    5-year period has lapsed, unless he or she has received a
17    mental health evaluation by a physician, clinical
18    psychologist, or qualified examiner as those terms are
19    defined in the Mental Health and Developmental
20    Disabilities Code, and has received a certification that he
21    or she is not a clear and present danger to himself,
22    herself, or others. The physician, clinical psychologist,
23    or qualified examiner making the certification and his or
24    her employer shall not be held criminally, civilly, or
25    professionally liable for making or not making the
26    certification required under this subsection, except for

 

 

HB5492- 19 -LRB100 20809 SLF 36299 b

1    willful or wanton misconduct. This subsection does not
2    apply to a person whose firearm possession rights have been
3    restored through administrative or judicial action under
4    Section 10 or 11 of this Act; or
5        (v) A person who is charged with making a terrorist
6    threat as set forth in Section 29D-20 or soliciting or
7    providing material support for terrorism as set forth in
8    Section 29D-29.9 of the Criminal Code of 2012 or a similar
9    offense of another state or under federal law.
10    Upon revocation of a person's Firearm Owner's
11Identification Card, the Department of State Police shall
12provide notice to the person and the person shall comply with
13Section 9.5 of this Act.
14(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
15eff. 7-16-14; 99-143, eff. 7-27-15.)
 
16    (430 ILCS 65/9.5)
17    Sec. 9.5. Revocation of Firearm Owner's Identification
18Card.
19    (a) A person who receives a revocation notice under Section
209 of this Act shall, within 48 hours of receiving notice of the
21revocation:
22        (1) surrender his or her Firearm Owner's
23    Identification Card to the local law enforcement agency
24    where the person resides. The local law enforcement agency
25    shall provide the person a receipt and transmit the Firearm

 

 

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1    Owner's Identification Card to the Department of State
2    Police; and
3        (2) complete a Firearm Disposition Record on a form
4    prescribed by the Department of State Police and place his
5    or her firearms in the location or with the person reported
6    in the Firearm Disposition Record. The form shall require
7    the person to disclose:
8            (A) the make, model, and serial number of each
9        firearm owned by or under the custody and control of
10        the revoked person;
11            (B) the location where each firearm will be
12        maintained during the prohibited term; and
13            (C) if any firearm will be transferred to the
14        custody of another person, the name, address and
15        Firearm Owner's Identification Card number of the
16        transferee.
17    (b) The local law enforcement agency shall provide a copy
18of the Firearm Disposition Record to the person whose Firearm
19Owner's Identification Card has been revoked and to the
20Department of State Police.
21    (c) If the person whose Firearm Owner's Identification Card
22has been revoked fails to comply with the requirements of this
23Section, the sheriff or law enforcement agency where the person
24resides may petition the circuit court to issue a warrant to
25search for and seize the Firearm Owner's Identification Card
26and firearms in the possession or under the custody or control

 

 

HB5492- 21 -LRB100 20809 SLF 36299 b

1of the person whose Firearm Owner's Identification Card has
2been revoked.
3    (c-5) If the Department of State Police has not received
4the Firearm Owner's Identification Card or Firearms
5Disposition Record from the person, the Department shall send
6notice of noncompliance to the sheriff and law enforcement
7agency where the person resides and upon request the Department
8shall make this information of noncompliance available to the
9sheriff and law enforcement agency where the person resides.
10    (d) A violation of subsection (a) of this Section is a
11Class A misdemeanor.
12    (e) The observation of a Firearm Owner's Identification
13Card in the possession of a person whose Firearm Owner's
14Identification Card has been revoked constitutes a sufficient
15basis for the arrest of that person for violation of this
16Section.
17    (f) Within 30 days after the effective date of this
18amendatory Act of the 98th General Assembly, the Department of
19State Police shall provide written notice of the requirements
20of this Section to persons whose Firearm Owner's Identification
21Cards have been revoked, suspended, or expired and who have
22failed to surrender their cards to the Department. Within 30
23days after the effective date of this amendatory Act of the
24100th General Assembly, and by January 31 of each year
25thereafter, the Department of State Police shall provide
26written notice, in the form and manner prescribed by the

 

 

HB5492- 22 -LRB100 20809 SLF 36299 b

1Department, of the requirements of this Section to every
2sheriff and law enforcement agency within this State.
3    (g) A person whose Firearm Owner's Identification Card has
4been revoked and who received notice under subsection (f) shall
5comply with the requirements of this Section within 48 hours of
6receiving notice.
7(Source: P.A. 98-63, eff. 7-9-13.)

 

 

HB5492- 23 -LRB100 20809 SLF 36299 b

1 INDEX
2 Statutes amended in order of appearance
3    50 ILCS 705/10.7
4    430 ILCS 65/1.1from Ch. 38, par. 83-1.1
5    430 ILCS 65/3.1from Ch. 38, par. 83-3.1
6    430 ILCS 65/3.3
7    430 ILCS 65/8from Ch. 38, par. 83-8
8    430 ILCS 65/9.5