Full Text of SB1969 98th General Assembly
SB1969sam001 98TH GENERAL ASSEMBLY | Sen. Kyle McCarter Filed: 4/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1969
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1969 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 4 and 8 as follows:
| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 7 | | (Text of Section before amendment by P.A. 97-1167 )
| 8 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 9 | | Identification Card must:
| 10 | | (1) Make application on blank forms prepared and | 11 | | furnished at convenient
locations throughout the State by | 12 | | the Department of State Police, or by
electronic means, if | 13 | | and when made available by the Department of State
Police; | 14 | | and
| 15 | | (2) Submit evidence to the Department of State Police | 16 | | that:
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| 1 | | (i) He or she is 18 21 years of age or over, or if | 2 | | he or she is under 18 21
years of age that he or she has | 3 | | the written consent of his or her parent or
legal | 4 | | guardian to possess and acquire firearms and firearm | 5 | | ammunition and that , if he or she is under 21 years of | 6 | | age,
he or she has never been convicted of a | 7 | | misdemeanor other than a traffic
offense or adjudged
| 8 | | delinquent, provided, however, that such parent or | 9 | | legal guardian of an applicant under 18 years of age is | 10 | | not an
individual prohibited from having a Firearm | 11 | | Owner's Identification Card and
files an affidavit | 12 | | with the Department as prescribed by the Department
| 13 | | stating that he or she is not an individual prohibited | 14 | | from having a Card;
| 15 | | (ii) He or she has not been convicted of a felony | 16 | | under the laws of
this or any other jurisdiction;
| 17 | | (iii) He or she is not addicted to narcotics;
| 18 | | (iv) He or she has not been a patient in a mental | 19 | | institution within
the past 5 years and he or she has | 20 | | not been adjudicated as a mental defective;
| 21 | | (v) He or she is not intellectually disabled;
| 22 | | (vi) He or she is not an alien who is unlawfully | 23 | | present in the
United States under the laws of the | 24 | | United States;
| 25 | | (vii) He or she is not subject to an existing order | 26 | | of protection
prohibiting him or her from possessing a |
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| 1 | | firearm;
| 2 | | (viii) He or she has not been convicted within the | 3 | | past 5 years of
battery, assault, aggravated assault, | 4 | | violation of an order of
protection, or a substantially | 5 | | similar offense in another jurisdiction, in
which a | 6 | | firearm was used or possessed;
| 7 | | (ix) He or she has not been convicted of domestic | 8 | | battery, aggravated domestic battery, or a
| 9 | | substantially similar offense in another
jurisdiction | 10 | | committed before, on or after January 1, 2012 (the | 11 | | effective date of Public Act 97-158). If the applicant | 12 | | knowingly and intelligently waives the right to have an | 13 | | offense described in this clause (ix) tried by a jury, | 14 | | and by guilty plea or otherwise, results in a | 15 | | conviction for an offense in which a domestic | 16 | | relationship is not a required element of the offense | 17 | | but in which a determination of the applicability of 18 | 18 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 19 | | Code of Criminal Procedure of 1963, an entry by the | 20 | | court of a judgment of conviction for that offense | 21 | | shall be grounds for denying the issuance of a Firearm | 22 | | Owner's Identification Card under this Section;
| 23 | | (x) (Blank);
| 24 | | (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 |
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| 1 | | the Immigration and Nationality Act (8 U.S.C. | 2 | | 1101(a)(26))),
or that he or she is an alien who has | 3 | | been lawfully admitted to the United
States under a | 4 | | non-immigrant visa if that alien is:
| 5 | | (1) admitted to the United States for lawful | 6 | | hunting or sporting
purposes;
| 7 | | (2) an official representative of a foreign | 8 | | government who is:
| 9 | | (A) accredited to the United States | 10 | | Government or the Government's
mission to an | 11 | | international organization having its | 12 | | headquarters in the United
States; or
| 13 | | (B) en route to or from another country to | 14 | | which that alien is
accredited;
| 15 | | (3) an official of a foreign government or | 16 | | distinguished foreign
visitor who has been so | 17 | | designated by the Department of State;
| 18 | | (4) a foreign law enforcement officer of a | 19 | | friendly foreign
government entering the United | 20 | | States on official business; or
| 21 | | (5) one who has received a waiver from the | 22 | | Attorney General of the
United States pursuant to | 23 | | 18 U.S.C. 922(y)(3);
| 24 | | (xii) He or she is not a minor subject to a | 25 | | petition filed
under Section 5-520 of the Juvenile | 26 | | Court Act of 1987 alleging that the
minor is a |
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| 1 | | delinquent minor for the commission of an offense that | 2 | | if
committed by an adult would be a felony;
| 3 | | (xiii) He or she is not an adult who had been | 4 | | adjudicated a delinquent
minor under the Juvenile | 5 | | Court Act of 1987 for the commission of an offense
that | 6 | | if committed by an adult would be a felony; and
| 7 | | (xiv) He or she is a resident of the State of | 8 | | Illinois; and
| 9 | | (3) Upon request by the Department of State Police, | 10 | | sign a release on a
form prescribed by the Department of | 11 | | State Police waiving any right to
confidentiality and | 12 | | requesting the disclosure to the Department of State Police
| 13 | | of limited mental health institution admission information | 14 | | from another state,
the District of Columbia, any other | 15 | | territory of the United States, or a
foreign nation | 16 | | concerning the applicant for the sole purpose of | 17 | | determining
whether the applicant is or was a patient in a | 18 | | mental health institution and
disqualified because of that | 19 | | status from receiving a Firearm Owner's
Identification | 20 | | Card. No mental health care or treatment records may be
| 21 | | requested. The information received shall be destroyed | 22 | | within one year of
receipt.
| 23 | | (a-5) Each applicant for a Firearm Owner's Identification | 24 | | Card who is over
the age of 18 shall furnish to the Department | 25 | | of State Police either his or
her Illinois driver's license | 26 | | number or Illinois Identification Card number, except as
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| 1 | | provided in subsection (a-10).
| 2 | | (a-10) Each applicant for a Firearm Owner's Identification | 3 | | Card,
who is employed as a law enforcement officer, an armed | 4 | | security officer in Illinois, or by the United States Military
| 5 | | permanently assigned in Illinois and who is not an Illinois | 6 | | resident, shall furnish to
the Department of State Police his | 7 | | or her driver's license number or state
identification card | 8 | | number from his or her state of residence. The Department
of | 9 | | State Police may promulgate rules to enforce the provisions of | 10 | | this
subsection (a-10).
| 11 | | (a-15) If an applicant applying for a Firearm Owner's | 12 | | Identification Card moves from the residence address named in | 13 | | the application, he or she shall immediately notify in a form | 14 | | and manner prescribed by the Department of State Police of that | 15 | | change of address. | 16 | | (a-20) Each applicant for a Firearm Owner's Identification | 17 | | Card shall furnish to the Department of State Police his or her | 18 | | photograph. An applicant who is 21 years of age or older | 19 | | seeking a religious exemption to the photograph requirement | 20 | | must furnish with the application an approved copy of United | 21 | | States Department of the Treasury Internal Revenue Service Form | 22 | | 4029. In lieu of a photograph, an applicant regardless of age | 23 | | seeking a religious exemption to the photograph requirement | 24 | | shall submit fingerprints on a form and manner prescribed by | 25 | | the Department with his or her application. | 26 | | (b) Each application form shall include the following |
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| 1 | | statement printed in
bold type: "Warning: Entering false | 2 | | information on an application for a Firearm
Owner's | 3 | | Identification Card is punishable as a Class 2 felony in | 4 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 5 | | Owners Identification Card
Act.".
| 6 | | (c) Upon such written consent, pursuant to Section 4, | 7 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 8 | | consent shall be liable for any
damages resulting from the | 9 | | applicant's use of firearms or firearm ammunition.
| 10 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 11 | | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 12 | | (Text of Section after amendment by P.A. 97-1167 ) | 13 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 14 | | Identification Card must:
| 15 | | (1) Make application on blank forms prepared and | 16 | | furnished at convenient
locations throughout the State by | 17 | | the Department of State Police, or by
electronic means, if | 18 | | and when made available by the Department of State
Police; | 19 | | and
| 20 | | (2) Submit evidence to the Department of State Police | 21 | | that:
| 22 | | (i) He or she is 18 21 years of age or over, or if | 23 | | he or she is under 18 21
years of age that he or she has | 24 | | the written consent of his or her parent or
legal | 25 | | guardian to possess and acquire firearms and firearm |
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| 1 | | ammunition and that , if he or she is under 21 years of | 2 | | age,
he or she has never been convicted of a | 3 | | misdemeanor other than a traffic
offense or adjudged
| 4 | | delinquent, provided, however, that such parent or | 5 | | legal guardian of an applicant under 18 years of age is | 6 | | not an
individual prohibited from having a Firearm | 7 | | Owner's Identification Card and
files an affidavit | 8 | | with the Department as prescribed by the Department
| 9 | | stating that he or she is not an individual prohibited | 10 | | from having a Card;
| 11 | | (ii) He or she has not been convicted of a felony | 12 | | under the laws of
this or any other jurisdiction;
| 13 | | (iii) He or she is not addicted to narcotics;
| 14 | | (iv) He or she has not been a patient in a mental | 15 | | institution within
the past 5 years;
| 16 | | (v) He or she is not intellectually disabled;
| 17 | | (vi) He or she is not an alien who is unlawfully | 18 | | present in the
United States under the laws of the | 19 | | United States;
| 20 | | (vii) He or she is not subject to an existing order | 21 | | of protection
prohibiting him or her from possessing a | 22 | | firearm;
| 23 | | (viii) He or she has not been convicted within the | 24 | | past 5 years of
battery, assault, aggravated assault, | 25 | | violation of an order of
protection, or a substantially | 26 | | similar offense in another jurisdiction, in
which a |
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| 1 | | firearm was used or possessed;
| 2 | | (ix) He or she has not been convicted of domestic | 3 | | battery, aggravated domestic battery, or a
| 4 | | substantially similar offense in another
jurisdiction | 5 | | committed before, on or after January 1, 2012 (the | 6 | | effective date of Public Act 97-158). If the applicant | 7 | | knowingly and intelligently waives the right to have an | 8 | | offense described in this clause (ix) tried by a jury, | 9 | | and by guilty plea or otherwise, results in a | 10 | | conviction for an offense in which a domestic | 11 | | relationship is not a required element of the offense | 12 | | but in which a determination of the applicability of 18 | 13 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 14 | | Code of Criminal Procedure of 1963, an entry by the | 15 | | court of a judgment of conviction for that offense | 16 | | shall be grounds for denying the issuance of a Firearm | 17 | | Owner's Identification Card under this Section;
| 18 | | (x) (Blank);
| 19 | | (xi) He or she is not an alien who has been | 20 | | admitted to the United
States under a non-immigrant | 21 | | visa (as that term is defined in Section
101(a)(26) of | 22 | | the Immigration and Nationality Act (8 U.S.C. | 23 | | 1101(a)(26))),
or that he or she is an alien who has | 24 | | been lawfully admitted to the United
States under a | 25 | | non-immigrant visa if that alien is:
| 26 | | (1) admitted to the United States for lawful |
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| 1 | | hunting or sporting
purposes;
| 2 | | (2) an official representative of a foreign | 3 | | government who is:
| 4 | | (A) accredited to the United States | 5 | | Government or the Government's
mission to an | 6 | | international organization having its | 7 | | headquarters in the United
States; or
| 8 | | (B) en route to or from another country to | 9 | | which that alien is
accredited;
| 10 | | (3) an official of a foreign government or | 11 | | distinguished foreign
visitor who has been so | 12 | | designated by the Department of State;
| 13 | | (4) a foreign law enforcement officer of a | 14 | | friendly foreign
government entering the United | 15 | | States on official business; or
| 16 | | (5) one who has received a waiver from the | 17 | | Attorney General of the
United States pursuant to | 18 | | 18 U.S.C. 922(y)(3);
| 19 | | (xii) He or she is not a minor subject to a | 20 | | petition filed
under Section 5-520 of the Juvenile | 21 | | Court Act of 1987 alleging that the
minor is a | 22 | | delinquent minor for the commission of an offense that | 23 | | if
committed by an adult would be a felony;
| 24 | | (xiii) He or she is not an adult who had been | 25 | | adjudicated a delinquent
minor under the Juvenile | 26 | | Court Act of 1987 for the commission of an offense
that |
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| 1 | | if committed by an adult would be a felony;
| 2 | | (xiv) He or she is a resident of the State of | 3 | | Illinois; and | 4 | | (xv) He or she has not been adjudicated as a mental | 5 | | defective; and
| 6 | | (3) Upon request by the Department of State Police, | 7 | | sign a release on a
form prescribed by the Department of | 8 | | State Police waiving any right to
confidentiality and | 9 | | requesting the disclosure to the Department of State Police
| 10 | | of limited mental health institution admission information | 11 | | from another state,
the District of Columbia, any other | 12 | | territory of the United States, or a
foreign nation | 13 | | concerning the applicant for the sole purpose of | 14 | | determining
whether the applicant is or was a patient in a | 15 | | mental health institution and
disqualified because of that | 16 | | status from receiving a Firearm Owner's
Identification | 17 | | Card. No mental health care or treatment records may be
| 18 | | requested. The information received shall be destroyed | 19 | | within one year of
receipt.
| 20 | | (a-5) Each applicant for a Firearm Owner's Identification | 21 | | Card who is over
the age of 18 shall furnish to the Department | 22 | | of State Police either his or
her Illinois driver's license | 23 | | number or Illinois Identification Card number, except as
| 24 | | provided in subsection (a-10).
| 25 | | (a-10) Each applicant for a Firearm Owner's Identification | 26 | | Card,
who is employed as a law enforcement officer, an armed |
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| 1 | | security officer in Illinois, or by the United States Military
| 2 | | permanently assigned in Illinois and who is not an Illinois | 3 | | resident, shall furnish to
the Department of State Police his | 4 | | or her driver's license number or state
identification card | 5 | | number from his or her state of residence. The Department
of | 6 | | State Police may promulgate rules to enforce the provisions of | 7 | | this
subsection (a-10).
| 8 | | (a-15) If an applicant applying for a Firearm Owner's | 9 | | Identification Card moves from the residence address named in | 10 | | the application, he or she shall immediately notify in a form | 11 | | and manner prescribed by the Department of State Police of that | 12 | | change of address. | 13 | | (a-20) Each applicant for a Firearm Owner's Identification | 14 | | Card shall furnish to the Department of State Police his or her | 15 | | photograph. An applicant who is 21 years of age or older | 16 | | seeking a religious exemption to the photograph requirement | 17 | | must furnish with the application an approved copy of United | 18 | | States Department of the Treasury Internal Revenue Service Form | 19 | | 4029. In lieu of a photograph, an applicant regardless of age | 20 | | seeking a religious exemption to the photograph requirement | 21 | | shall submit fingerprints on a form and manner prescribed by | 22 | | the Department with his or her application. | 23 | | (b) Each application form shall include the following | 24 | | statement printed in
bold type: "Warning: Entering false | 25 | | information on an application for a Firearm
Owner's | 26 | | Identification Card is punishable as a Class 2 felony in |
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| 1 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 2 | | Owners Identification Card
Act.".
| 3 | | (c) Upon such written consent, pursuant to Section 4, | 4 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 5 | | consent shall be liable for any
damages resulting from the | 6 | | applicant's use of firearms or firearm ammunition.
| 7 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 8 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
| 9 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 10 | | (Text of Section before amendment by P.A. 97-1167 )
| 11 | | Sec. 8. The Department of State Police has authority to | 12 | | deny an
application for or to revoke and seize a Firearm | 13 | | Owner's Identification
Card previously issued under this Act | 14 | | only if the Department finds that the
applicant or the person | 15 | | to whom such card was issued is or was at the time
of issuance:
| 16 | | (a) A person under 21 years of age who has been convicted | 17 | | of a
misdemeanor other than a traffic offense or adjudged | 18 | | delinquent;
| 19 | | (b) A person under 18 21 years of age who does not have the | 20 | | written consent
of his parent or guardian to acquire and | 21 | | possess firearms and firearm
ammunition, or whose parent or | 22 | | guardian has revoked such written consent,
or where such parent | 23 | | or guardian does not qualify to have a Firearm Owner's
| 24 | | Identification Card;
| 25 | | (c) A person convicted of a felony under the laws of this |
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| 1 | | or any other
jurisdiction;
| 2 | | (d) A person addicted to narcotics;
| 3 | | (e) A person who has been a patient of a mental institution | 4 | | within the
past 5 years or has been adjudicated as a mental | 5 | | defective;
| 6 | | (f) A person whose mental condition is of such a nature | 7 | | that it poses
a clear and present danger to the applicant, any | 8 | | other person or persons or
the community;
| 9 | | For the purposes of this Section, "mental condition" means | 10 | | a state of
mind manifested by violent, suicidal, threatening or | 11 | | assaultive behavior.
| 12 | | (g) A person who is intellectually disabled;
| 13 | | (h) A person who intentionally makes a false statement in | 14 | | the Firearm
Owner's Identification Card application;
| 15 | | (i) An alien who is unlawfully present in
the United States | 16 | | under the laws of the United States;
| 17 | | (i-5) An alien who has been admitted to the United States | 18 | | under a
non-immigrant visa (as that term is defined in Section | 19 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 20 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 21 | | to any alien who has been lawfully admitted to
the United | 22 | | States under a non-immigrant visa if that alien is:
| 23 | | (1) admitted to the United States for lawful hunting or | 24 | | sporting purposes;
| 25 | | (2) an official representative of a foreign government | 26 | | who is:
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| 1 | | (A) accredited to the United States Government or | 2 | | 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 which | 6 | | that alien is
accredited;
| 7 | | (3) an official of a foreign government or | 8 | | distinguished foreign visitor
who has been so designated by | 9 | | the Department of State;
| 10 | | (4) a foreign law enforcement officer of a friendly | 11 | | foreign government
entering the United States on official | 12 | | 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 years | 18 | | of battery,
assault, aggravated assault, violation of an order | 19 | | of protection, or a
substantially similar offense in another | 20 | | jurisdiction, in which a firearm was
used or possessed;
| 21 | | (l) A person who has been convicted of domestic battery, | 22 | | aggravated domestic battery, or a substantially
similar | 23 | | offense in another jurisdiction committed before, on or after | 24 | | January 1, 2012 (the effective date of Public Act 97-158). If | 25 | | the applicant or person who has been previously issued a | 26 | | Firearm Owner's Identification Card under this Act knowingly |
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| 1 | | and intelligently waives the right to have an offense described | 2 | | in this paragraph (l) tried by a jury, and by guilty plea or | 3 | | otherwise, results in a conviction for an offense in which a | 4 | | domestic relationship is not a required element of the offense | 5 | | but in which a determination of the applicability of 18 U.S.C. | 6 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 7 | | Criminal Procedure of 1963, an entry by the court of a judgment | 8 | | of conviction for that offense shall be grounds for denying an | 9 | | application for and for revoking and seizing a Firearm Owner's | 10 | | Identification Card previously issued to the person under this | 11 | | Act;
| 12 | | (m) (Blank);
| 13 | | (n) A person who is prohibited from acquiring or possessing
| 14 | | firearms or firearm ammunition by any Illinois State statute or | 15 | | by federal
law;
| 16 | | (o) A minor subject to a petition filed under Section 5-520 | 17 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 18 | | delinquent minor for
the commission of an offense that if | 19 | | committed by an adult would be a felony;
| 20 | | (p) An adult who had been adjudicated a delinquent minor | 21 | | under the Juvenile
Court Act of 1987 for the commission of an | 22 | | offense that if committed by an
adult would be a felony; or
| 23 | | (q) A person who is not a resident of the State of | 24 | | Illinois, except as provided in subsection (a-10) of Section 4. | 25 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 26 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
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| 1 | | (Text of Section after amendment by P.A. 97-1167 ) | 2 | | Sec. 8. The Department of State Police has authority to | 3 | | deny an
application for or to revoke and seize a Firearm | 4 | | Owner's Identification
Card previously issued under this Act | 5 | | only if the Department finds that the
applicant or the person | 6 | | to whom such card was issued is or was at the time
of issuance:
| 7 | | (a) A person under 21 years of age who has been convicted | 8 | | of a
misdemeanor other than a traffic offense or adjudged | 9 | | delinquent;
| 10 | | (b) A person under 18 21 years of age who does not have the | 11 | | written consent
of his parent or guardian to acquire and | 12 | | possess firearms and firearm
ammunition, or whose parent or | 13 | | guardian has revoked such written consent,
or where such parent | 14 | | or guardian does not qualify to have a Firearm Owner's
| 15 | | Identification Card;
| 16 | | (c) A person convicted of a felony under the laws of this | 17 | | or any other
jurisdiction;
| 18 | | (d) A person addicted to narcotics;
| 19 | | (e) A person who has been a patient of a mental institution | 20 | | within the
past 5 years. An active law enforcement officer | 21 | | employed by a unit of government who is denied, revoked, or has | 22 | | his or her Firearm Owner's Identification Card seized under | 23 | | this subsection (e) may obtain relief as described in | 24 | | subsection (c-5) of Section 10 of this Act if the officer did | 25 | | not act in a manner threatening to the officer, another person, |
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| 1 | | or the public as determined by the treating clinical | 2 | | psychologist or physician, and the officer seeks mental health | 3 | | treatment;
| 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;
| 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 | | or | 24 | | (r) A person who has been adjudicated as a mental | 25 | | defective. | 26 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, |
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| 1 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | 2 | | 97-1167, eff. 6-1-13.)
| 3 | | Section 95. No acceleration or delay. Where this Act makes | 4 | | changes in a statute that is represented in this Act by text | 5 | | that is not yet or no longer in effect (for example, a Section | 6 | | represented by multiple versions), the use of that text does | 7 | | not accelerate or delay the taking effect of (i) the changes | 8 | | made by this Act or (ii) provisions derived from any other | 9 | | Public Act.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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