HB1855 EngrossedLRB097 09549 RLC 49686 b

1    AN ACT concerning criminal law.
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 as follows:
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation.
8    (A) The Department of State Police has authority to deny an
9application for or to revoke and seize a Firearm Owner's
10Identification Card previously issued under this Act only if
11the Department finds that the applicant or the person to whom
12such card was issued is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) A person under 21 years of age who does not have
17    the written consent of his parent or guardian to acquire
18    and possess firearms and firearm ammunition, or whose
19    parent or guardian has revoked such written consent, or
20    where such parent or guardian does not qualify to have a
21    Firearm Owner's Identification Card;
22        (c) A person convicted of a felony under the laws of
23    this or any other jurisdiction;



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1        (d) A person addicted to narcotics;
2        (e) A person who has been a patient of a mental
3    institution within the past 5 years or has been adjudicated
4    as a mental defective;
5        (f) A person whose mental condition is of such a nature
6    that it poses a clear and present danger to the applicant,
7    any other person or persons or the community;
8    For the purposes of this Section, "mental condition" means
9a state of mind manifested by violent, suicidal, threatening or
10assaultive behavior.
11        (g) A person who is mentally retarded;
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
2            Government or the Government's mission to an
3            international organization having its headquarters
4            in the United 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
11        friendly foreign government entering the United States
12        on official business; or
13             (5) one who has received a waiver from the
14        Attorney General of the United States pursuant to 18
15        U.S.C. 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 battery
23    or a substantially similar offense in another jurisdiction
24    committed on or after January 1, 1998;
25        (m) A person who has been convicted within the past 5
26    years of domestic battery or a substantially similar



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1    offense in another jurisdiction committed before January
2    1, 1998;
3        (n) A person who is prohibited from acquiring or
4    possessing firearms or firearm ammunition by any Illinois
5    State statute or by federal law;
6        (o) A minor subject to a petition filed under Section
7    5-520 of the Juvenile Court Act of 1987 alleging that the
8    minor is a delinquent minor for the commission of an
9    offense that if committed by an adult would be a felony; or
10        (p) An adult who had been adjudicated a delinquent
11    minor under the Juvenile Court Act of 1987 for the
12    commission of an offense that if committed by an adult
13    would be a felony.
14    (B) The Department of State Police may revoke and seize a
15Firearm Owner's Identification Card previously issued under
16this Act of a person who fails to report the loss or theft of a
17handgun a second time to the local law enforcement agency
18within 72 hours after obtaining knowledge of the second loss or
20(Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)
21    Section 10. The Criminal Code of 1961 is amended by adding
22Section 24-4.1 as follows:
23    (720 ILCS 5/24-4.1 new)
24    Sec. 24-4.1. Report of lost or stolen handguns.



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1    (a) If a person who possesses a valid Firearm Owner's
2Identification Card and who possesses or acquires a handgun
3thereafter loses or misplaces the handgun, or if the handgun is
4stolen from the person, the person must report the loss or
5theft to the local law enforcement agency within 72 hours after
6obtaining knowledge of the loss or theft.
7    (b) Sentence. A person who violates this Section is guilty
8of a petty offense for a first violation. A second or
9subsequent violation of this Section is a Class A misdemeanor.
10    Section 99. Effective date. This Act takes effect upon
11becoming law.