430 ILCS 65/8

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

(Text of Section before amendment by P.A. 97-1167)

Sec. 8.

The Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card previously issued under this Act only if the Department finds that the
applicant or the person to whom such card was issued is or was at the time
of issuance:

(a) A person under 21 years of age who has been convicted of a
misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent
of his parent or guardian to acquire and possess firearms and firearm
ammunition, or whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a Firearm Owner's
Identification Card;

(c) A person convicted of a felony under the laws of this or any other
jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental institution within the
past 5 years or has been adjudicated as a mental defective;

(f) A person whose mental condition is of such a nature that it poses
a clear and present danger to the applicant, any other person or persons or
the community;

For the purposes of this Section, "mental condition" means a state of
mind manifested by violent, suicidal, threatening or assaultive behavior.

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement in the Firearm
Owner's Identification Card application;

(i) An alien who is unlawfully present in
the United States under the laws of the United States;

(i-5) An alien who has been admitted to the United States under a
non-immigrant visa (as that term is defined in Section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this
subsection (i-5) does not apply to any alien who has been lawfully admitted to
the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting

or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States Government or

the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which

that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly

foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney

General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5 years of battery,
assault, aggravated assault, violation of an order of protection, or a
substantially similar offense in another jurisdiction, in which a firearm was
used or possessed;

(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158).  If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that  offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or by federal
law;

(o) A minor subject to a petition filed under Section 5-520 of the
Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for
the commission of an offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that if committed by an
adult would be a felony; or

(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4.

(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)

(Text of Section after amendment by P.A. 97-1167)
Sec. 8.

The Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card previously issued under this Act only if the Department finds that the
applicant or the person to whom such card was issued is or was at the time
of issuance:

(a) A person under 21 years of age who has been convicted of a
misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent
of his parent or guardian to acquire and possess firearms and firearm
ammunition, or whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a Firearm Owner's
Identification Card;

(c) A person convicted of a felony under the laws of this or any other
jurisdiction;