093_HB1536eng

 
HB1536 Engrossed                     LRB093 03358 RLC 10009 b

 1        AN ACT in relation to firearms.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Firearm Owners Identification Card Act  is
 5    amended by changing Sections 4, 8, and 10 as follows:

 6        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
 7        Sec.   4.  (a)  Each  applicant  for  a  Firearm  Owner's
 8    Identification Card must:
 9             (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,
12        if and when made available by  the  Department  of  State
13        Police; and
14             (2)  Submit  evidence  to  the  Department  of State
15        Police that:
16                  (i)  He or she is 21 years of age or  over,  or
17             if he or she is under 21 years of age that he or she
18             has  the  written  consent  of  his or her parent or
19             legal guardian to possess and acquire  firearms  and
20             firearm ammunition and that he or she has never been
21             convicted  of  a  misdemeanor  other  than a traffic
22             offense or adjudged delinquent,  provided,  however,
23             that  such  parent  or  legal  guardian  is  not  an
24             individual  prohibited from having a Firearm Owner's
25             Identification Card and files an affidavit with  the
26             Department  as  prescribed by the Department stating
27             that he or she is not an individual prohibited  from
28             having a Card;
29                  (ii)  He  or  she  has  not been convicted of a
30             felony  under  the  laws  of  this  or   any   other
31             jurisdiction;
 
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 1                  (iii)  He or she is not addicted to narcotics;
 2                  (iv)  He  or  she  has  not been a patient in a
 3             mental institution within the past 5 years;
 4                  (v)  He or she is not mentally retarded;
 5                  (vi)  He  or  she  is  not  an  alien  who   is
 6             unlawfully  present  in  the United States under the
 7             laws of the United States;
 8                  (vii)  He or she is not subject to an  existing
 9             order  of  protection  prohibiting  him  or her from
10             possessing a firearm;
11                  (viii)  He or she has not been convicted within
12             the past 5 years  of  battery,  assault,  aggravated
13             assault,  violation  of an order of protection, or a
14             substantially    similar    offense    in    another
15             jurisdiction,  in  which  a  firearm  was  used   or
16             possessed;
17                  (ix)  He  or  she  has  not  been  convicted of
18             domestic battery or a substantially similar  offense
19             in  another  jurisdiction  committed on or after the
20             effective date of this amendatory Act of 1997;
21                  (x)  He or she has not  been  convicted  within
22             the   past   5   years  of  domestic  battery  or  a
23             substantially    similar    offense    in    another
24             jurisdiction committed before the effective date  of
25             this amendatory Act of 1997; and
26                  (xi)  He  or  she  is not an alien who has been
27             admitted to the United States under a  non-immigrant
28             visa  (as that term is defined in Section 101(a)(26)
29             of the Immigration and  Nationality  Act  (8  U.S.C.
30             1101(a)(26))), or that he or she is an alien who has
31             been  lawfully admitted to the United States under a
32             non-immigrant visa if that alien is:
33                       (1)  admitted to  the  United  States  for
34                  lawful hunting or sporting purposes;
 
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 1                       (2)  an   official   representative  of  a
 2                  foreign government who is:
 3                            (A) accredited to the  United  States
 4                       Government  or the Government's mission to
 5                       an international organization  having  its
 6                       headquarters in the United States; or
 7                            (B)  en  route  to  or  from  another
 8                       country to which that alien is accredited;
 9                       (3)  an  official  of a foreign government
10                  or distinguished foreign visitor who  has  been
11                  so designated by the Department of State;
12                       (4)  a  foreign law enforcement officer of
13                  a  friendly  foreign  government  entering  the
14                  United States on official business; or
15                       (5)  one who has received  a  waiver  from
16                  the  Attorney  General  of  the  United  States
17                  pursuant to 18 U.S.C. 922(y)(3); and
18                  (xii)  He  or  she  is not a minor subject to a
19             petition filed under Section 5-520 of  the  Juvenile
20             Court  Act  of  1987  alleging  that  the minor is a
21             delinquent minor for the commission  of  an  offense
22             that if committed by an adult would be a felony; and
23                  (xiii)  He  or she is not an adult who had been
24             adjudicated a delinquent minor  under  the  Juvenile
25             Court  Act  of 1987 for the commission of an offense
26             that if committed by an adult would be a felony; and
27             (3)  Upon request by the Department of State Police,
28        sign a release on a form prescribed by the Department  of
29        State  Police  waiving  any  right to confidentiality and
30        requesting the disclosure  to  the  Department  of  State
31        Police  of  limited  mental  health institution admission
32        information from another state, the District of Columbia,
33        any other territory of the United States,  or  a  foreign
34        nation  concerning  the applicant for the sole purpose of
 
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 1        determining whether the applicant is or was a patient  in
 2        a  mental  health institution and disqualified because of
 3        that   status   from   receiving   a   Firearm    Owner's
 4        Identification  Card.  No mental health care or treatment
 5        records may be requested.  The information received shall
 6        be destroyed within one year of receipt.
 7        (a-5)  Each   applicant    for    a    Firearm    Owner's
 8    Identification  Card  who is over the age of 18 shall furnish
 9    to the Department of State Police either his or her  driver's
10    license number or Illinois Identification Card number.
11        (a-10)  Each    applicant    for    a   Firearm   Owner's
12    Identification Card, who is employed  as  an  armed  security
13    officer at a nuclear energy, storage, weapons, or development
14    facility  regulated  by the Nuclear Regulatory Commission and
15    who is  not  an  Illinois  resident,  shall  furnish  to  the
16    Department of State Police his or her driver's license number
17    or  state identification card number from his or her state of
18    residence.  The Department of  State  Police  may  promulgate
19    rules to enforce the provisions of this subsection (a-10).
20        (b)  Each  application  form  shall include the following
21    statement printed in  bold  type:  "Warning:  Entering  false
22    information   on   an   application  for  a  Firearm  Owner's
23    Identification Card is punishable as  a  Class  2  felony  in
24    accordance with subsection (d-5) of Section 14 of the Firearm
25    Owners Identification Card Act.".
26        (c)  Upon  such  written  consent, pursuant to Section 4,
27    paragraph (a)(2)(i), the parent or legal guardian giving  the
28    consent  shall  be  liable for any damages resulting from the
29    applicant's use of firearms or firearm ammunition.
30    (Source: P.A. 91-514,  eff.  1-1-00;  91-694,  eff.  4-13-00;
31    92-442,  eff.  8-17-01;  92-839,  eff.  8-22-02; 92-854, eff.
32    12-5-02; revised 12-30-02.)

33        (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
 2    deny  an  application  for  or  to revoke and seize a Firearm
 3    Owner's Identification Card previously issued under this  Act
 4    only if the Department finds that the applicant or the person
 5    to  whom  such  card  was  issued  is  or  was at the time of
 6    issuance:
 7        (a)  A  person  under  21  years  of  age  who  has  been
 8    convicted of a misdemeanor other than a  traffic  offense  or
 9    adjudged delinquent;
10        (b)  A person under 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
14    parent 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
17    this or any other jurisdiction;
18        (d)  A person addicted to narcotics;
19        (e)  A  person  who  has  been  a  patient  of  a  mental
20    institution within the past 5 years;
21        (f)  A  person whose mental condition is of such a nature
22    that it poses a clear and present danger  to  the  applicant,
23    any other person or persons or the community;
24        For  the  purposes  of  this  Section, "mental condition"
25    means a  state  of  mind  manifested  by  violent,  suicidal,
26    threatening or assaultive behavior.
27        (g)  A person who is mentally retarded;
28        (h)  A  person  who intentionally makes a false statement
29    in the Firearm Owner's Identification Card application;
30        (i)  An alien who is unlawfully  present  in  the  United
31    States under the laws of the United States;
32        (i-5)  An  alien  who  has  been  admitted  to the United
33    States under a non-immigrant visa (as that term is defined in
34    Section 101(a)(26) of the Immigration and Nationality Act  (8
 
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 1    U.S.C.  1101(a)(26))), except that this subsection (i-5) does
 2    not apply to any alien who has been lawfully admitted to  the
 3    United States under a non-immigrant visa if that alien is:
 4             (1)  admitted   to  the  United  States  for  lawful
 5        hunting or sporting purposes;
 6             (2)  an  official  representative   of   a   foreign
 7        government who is:
 8                  (A)  accredited to the United States Government
 9             or  the  Government's  mission  to  an international
10             organization having its headquarters in  the  United
11             States; or
12                  (B)  en  route  to  or  from another country to
13             which that alien is accredited;
14             (3)  an  official  of  a   foreign   government   or
15        distinguished  foreign visitor who has been so designated
16        by the Department of State;
17             (4)  a foreign law enforcement officer of a friendly
18        foreign government entering the United States on official
19        business; or
20             (5)  one who has received a waiver from the Attorney
21        General of  the  United  States  pursuant  to  18  U.S.C.
22        922(y)(3);
23        (j)  A  person  who  is  subject  to an existing order of
24    protection prohibiting him or her from possessing a firearm;
25        (k)  A person who has been convicted within  the  past  5
26    years  of  battery, assault, aggravated assault, violation of
27    an order of protection, or a substantially similar offense in
28    another  jurisdiction,  in  which  a  firearm  was  used   or
29    possessed;
30        (l)  A  person who has been convicted of domestic battery
31    or a substantially similar offense  in  another  jurisdiction
32    committed on or after January 1, 1998;
33        (m)  A  person  who  has been convicted within the past 5
34    years of domestic battery or a substantially similar  offense
 
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 1    in another jurisdiction committed before January 1, 1998; or
 2        (n)   A  person  who  is  prohibited  from  acquiring  or
 3    possessing  firearms  or  firearm  ammunition by any Illinois
 4    State statute or by federal law;.
 5        (o)  A minor subject to a petition  filed  under  Section
 6    5-520  of  the  Juvenile  Court Act of 1987 alleging that the
 7    minor is a delinquent minor for the commission of an  offense
 8    that if committed by an adult would be a felony; or
 9        (p)  An adult who had been adjudicated a delinquent minor
10    under the Juvenile Court Act of 1987 for the commission of an
11    offense that if committed by an adult would be a felony.
12    (Source: P.A. 91-694, eff. 4-13-00; 92-854, eff. 12-5-02.)

13        (430 ILCS 65/10) (from Ch. 38, par. 83-10)
14        Sec.  10.   (a)  Whenever  an  application  for a Firearm
15    Owner's  Identification  Card   is   denied,   whenever   the
16    Department  fails  to act on an application within 30 days of
17    its receipt, or whenever such a Card is revoked or seized  as
18    provided  for  in  Section 8 of this Act, the aggrieved party
19    may appeal to the Director of the Department of State  Police
20    for a hearing upon such denial, revocation or seizure, unless
21    the  denial, revocation, or seizure was based upon a forcible
22    felony, stalking, aggravated stalking, domestic battery,  any
23    violation of either the Illinois Controlled Substances Act or
24    the  Cannabis  Control Act that is classified as a Class 2 or
25    greater felony, or any felony violation of Article 24 of  the
26    Criminal  Code  of  1961, or any adjudication as a delinquent
27    minor for the commission of an offense that if  committed  by
28    an adult would be a felony, in which case the aggrieved party
29    may  petition  the  circuit court in writing in the county of
30    his  or  her  residence  for  a  hearing  upon  such  denial,
31    revocation, or seizure.
32        (b)  At least 30 days before any hearing in  the  circuit
33    court,  the  petitioner  shall  serve  the  relevant  State's
 
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 1    Attorney  with  a copy of the petition.  The State's Attorney
 2    may object to the petition  and  present  evidence.   At  the
 3    hearing the court shall determine whether substantial justice
 4    has  been  done.  Should the court determine that substantial
 5    justice has not been done, the court  shall  issue  an  order
 6    directing the Department of State Police to issue a Card.
 7        (c)  Any  person  prohibited  from  possessing  a firearm
 8    under Sections 24-1.1 or 24-3.1 of the Criminal Code of  1961
 9    or  acquiring  a  Firearm  Owner's  Identification Card under
10    Section 8 of this Act  may  apply  to  the  Director  of  the
11    Department  of  State Police or petition the circuit court in
12    the  county  where  the  petitioner  resides,  whichever   is
13    applicable in accordance with subsection (a) of this Section,
14    requesting  relief  from such prohibition and the Director or
15    court may grant such relief  if  it  is  established  by  the
16    applicant to the court's or Director's satisfaction that:
17             (0.05)  when  in  the  circuit  court,  the  State's
18        Attorney  has  been  served  with  a  written copy of the
19        petition at least 30 days before any such hearing in  the
20        circuit court and at the hearing the State's Attorney was
21        afforded an opportunity to present evidence and object to
22        the petition;
23             (1)  the  applicant  has  not  been  convicted  of a
24        forcible felony under the laws of this State or any other
25        jurisdiction  within  20   years   of   the   applicant's
26        application for a Firearm Owner's Identification Card, or
27        at least 20 years have passed since the end of any period
28        of imprisonment imposed in relation to that conviction;
29             (2)  the    circumstances   regarding   a   criminal
30        conviction, where applicable,  the  applicant's  criminal
31        history  and  his  reputation are such that the applicant
32        will not be likely to act in a manner dangerous to public
33        safety; and
34             (3)  granting relief would not be  contrary  to  the
 
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 1        public interest.
 2        (d)  When  a  minor  is  adjudicated  delinquent  for  an
 3    offense which if committed by an adult would be a felony, the
 4    court shall notify the Department of State Police.
 5        (e)  The  court shall review the denial of an application
 6    or the revocation of a Firearm Owner's Identification Card of
 7    a person who has been adjudicated delinquent for  an  offense
 8    that  if  committed  by  an  adult  would  be  a felony if an
 9    application for relief has been filed at least 10 years after
10    the adjudication of delinquency and the court determines that
11    the applicant should be granted  relief  from  disability  to
12    obtain  a  Firearm  Owner's Identification Card. If the court
13    grants relief, the court shall notify the Department of State
14    Police that the disability has  been  removed  and  that  the
15    applicant   is   eligible   to   obtain   a  Firearm  Owner's
16    Identification Card.
17    (Source: P.A. 92-442, eff. 8-17-01.)