98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1935

 

Introduced 2/15/2013, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4.5 new
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Provides that any person who owns a firearm in this State shall maintain a policy of liability insurance in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of such firearm while it is owned by such person. Provides that a person shall be deemed the owner of a firearm after the firearm is lost or stolen until such loss or theft is reported to the police department or sheriff of the jurisdiction in which the owner resides. Provides that the Department of State Police shall revoke and seize a Firearm Owner's Identification Card previously issued under this Act if the Department finds that the person to whom such card was issued possesses or acquires a firearm and does not submit evidence to the Department of State Police that he or she has been issued in his or her name a liability insurance policy in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of such firearm while it is owned by such person. Effective January 1, 2014.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 8 and by adding Section 4.5 as
6follows:
 
7    (430 ILCS 65/4.5 new)
8    Sec. 4.5. Firearm owner's liability insurance required.
9    (a) Any person who owns a firearm in this State shall
10maintain a policy of liability insurance in the amount of at
11least $1,000,000 specifically covering any damages resulting
12from negligent or willful acts involving the use of such
13firearm while it is owned by such person. A person shall be
14deemed the owner of a firearm after the firearm is lost or
15stolen until such loss or theft is reported to the police
16department or sheriff of the jurisdiction in which the owner
17resides.
18    (b) This Section does not apply to any person who is not
19required to possess a Firearm Owner's Identification Card in
20order to acquire or possess a firearm or firearm ammunition
21under subsections (b) and (c) of Section 2 of this Act.
 
22    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)

 

 

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1    Sec. 8. The Department of State Police has authority to
2deny an application for or to revoke and seize a Firearm
3Owner's Identification Card previously issued under this Act
4only if the Department finds that the applicant or the person
5to whom such card was issued is or was at the time of issuance:
6    (a) A person under 21 years of age who has been convicted
7of a misdemeanor other than a traffic offense or adjudged
8delinquent;
9    (b) A person under 21 years of age who does not have the
10written consent of his parent or guardian to acquire and
11possess firearms and firearm ammunition, or whose parent or
12guardian has revoked such written consent, or where such parent
13or guardian does not qualify to have a Firearm Owner's
14Identification Card;
15    (c) A person convicted of a felony under the laws of this
16or any other jurisdiction;
17    (d) A person addicted to narcotics;
18    (e) A person who has been a patient of a mental institution
19within the past 5 years or has been adjudicated as a mental
20defective;
21    (f) A person whose mental condition is of such a nature
22that it poses a clear and present danger to the applicant, any
23other person or persons or the community;
24    For the purposes of this Section, "mental condition" means
25a state of mind manifested by violent, suicidal, threatening or
26assaultive behavior.

 

 

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1    (g) A person who is intellectually disabled;
2    (h) A person who intentionally makes a false statement in
3the Firearm Owner's Identification Card application;
4    (i) An alien who is unlawfully present in the United States
5under the laws of the United States;
6    (i-5) An alien who has been admitted to the United States
7under a non-immigrant visa (as that term is defined in Section
8101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
91101(a)(26))), except that this subsection (i-5) does not apply
10to any alien who has been lawfully admitted to the United
11States under a non-immigrant visa if that alien is:
12        (1) admitted to the United States for lawful hunting or
13    sporting purposes;
14        (2) an official representative of a foreign government
15    who is:
16            (A) accredited to the United States Government or
17        the Government's mission to an international
18        organization having its headquarters in the United
19        States; or
20            (B) en route to or from another country to which
21        that alien is accredited;
22        (3) an official of a foreign government or
23    distinguished foreign visitor who has been so designated by
24    the Department of State;
25        (4) a foreign law enforcement officer of a friendly
26    foreign government entering the United States on official

 

 

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1    business; or
2        (5) one who has received a waiver from the Attorney
3    General of the United States pursuant to 18 U.S.C.
4    922(y)(3);
5    (j) (Blank);
6    (k) A person who has been convicted within the past 5 years
7of battery, assault, aggravated assault, violation of an order
8of protection, or a substantially similar offense in another
9jurisdiction, in which a firearm was used or possessed;
10    (l) A person who has been convicted of domestic battery,
11aggravated domestic battery, or a substantially similar
12offense in another jurisdiction committed before, on or after
13January 1, 2012 (the effective date of Public Act 97-158). If
14the applicant or person who has been previously issued a
15Firearm Owner's Identification Card under this Act knowingly
16and intelligently waives the right to have an offense described
17in this paragraph (l) tried by a jury, and by guilty plea or
18otherwise, results in a conviction for an offense in which a
19domestic relationship is not a required element of the offense
20but in which a determination of the applicability of 18 U.S.C.
21922(g)(9) is made under Section 112A-11.1 of the Code of
22Criminal Procedure of 1963, an entry by the court of a judgment
23of conviction for that offense shall be grounds for denying an
24application for and for revoking and seizing a Firearm Owner's
25Identification Card previously issued to the person under this
26Act;

 

 

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1    (m) (Blank);
2    (n) A person who is prohibited from acquiring or possessing
3firearms or firearm ammunition by any Illinois State statute or
4by federal law;
5    (o) A minor subject to a petition filed under Section 5-520
6of the Juvenile Court Act of 1987 alleging that the minor is a
7delinquent minor for the commission of an offense that if
8committed by an adult would be a felony;
9    (p) An adult who had been adjudicated a delinquent minor
10under the Juvenile Court Act of 1987 for the commission of an
11offense that if committed by an adult would be a felony; or
12    (q) A person who is not a resident of the State of
13Illinois, except as provided in subsection (a-10) of Section 4.
14    The Department of State Police shall revoke and seize a
15Firearm Owner's Identification Card previously issued under
16this Act if the Department finds that the person to whom such
17card was issued possesses or acquires a firearm and does not
18submit evidence to the Department of State Police that he or
19she has been issued in his or her name a liability insurance
20policy in the amount of at least $1,000,000 specifically
21covering any damages resulting from negligent or willful acts
22involving the use of such firearm while it is owned by such
23person.
24(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
25eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
26    Section 99. Effective date. This Act takes effect January

 

 

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11, 2014.