Full Text of SB3591 100th General Assembly
SB3591 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3591 Introduced 2/28/2018, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Police Training Act. Provides the annual training of police chiefs must include
at least one course on the Firearm Owners Identification Card
Act, the Firearm Concealed Carry Act, and firearms investigations. Amends the Firearm Owners Identification Card Act. In the definition of "clear and present danger" that the person demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, adds that it includes any act that
is intended to cause or create a risk and does cause or create a risk of death
or great bodily harm to one or more persons. Defines "patient" for purposes of the Act as a person who: is admitted as an in-patient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission; or is otherwise provided mental health treatment as an in-patient or resident by a public or private mental health facility, unless the treatment was solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility, and who poses a clear and present danger to himself, herself, or to others. Permits the Department of State Police to notify the FBI if a person on the Terrorist Watchlist submits an application for a Firearm Owner's Identification Card. Makes other changes.
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Police Training Act is amended by | 5 | | changing Section 10.7 as follows: | 6 | | (50 ILCS 705/10.7) | 7 | | Sec. 10.7. Mandatory training; police chief and deputy | 8 | | police chief. Each police chief and deputy police chief shall | 9 | | obtain at least 20 hours of training each year. The training | 10 | | must be approved by the Illinois Law Enforcement Training and | 11 | | Standards Board and must be related to law enforcement, | 12 | | management or executive development, or ethics , and must | 13 | | include
at least one course on the Firearm Owners | 14 | | Identification Card
Act, the Firearm Concealed Carry Act, and | 15 | | firearms investigations . This requirement may be satisfied by | 16 | | attending any training portion of a conference held by an | 17 | | association that represents chiefs of police that has been | 18 | | approved by the Illinois Law Enforcement Training and Standards | 19 | | Board. Any police chief and any deputy police chief, upon | 20 | | presentation of a certificate of completion from the person or | 21 | | entity conducting the training, shall be reimbursed by the | 22 | | municipality in accordance with the municipal policy | 23 | | regulating the terms of reimbursement, for his or her |
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| 1 | | reasonable expenses in obtaining the training required under | 2 | | this Section. No police chief or deputy police chief may attend | 3 | | any recognized training offering without the prior approval of | 4 | | his or her municipal mayor, manager, or immediate supervisor. | 5 | | This Section does not apply to the City of Chicago or the | 6 | | Sheriff's Police Department in Cook County.
| 7 | | (Source: P.A. 94-354, eff. 1-1-06.) | 8 | | Section 10. The Firearm Owners Identification Card Act is | 9 | | amended by changing Sections 1.1, 3.1, 3.3, 8, and 9.5 as | 10 | | follows:
| 11 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 12 | | Sec. 1.1. For purposes of this Act:
| 13 | | "Addicted to narcotics" means a person who has been: | 14 | | (1) convicted of an offense involving the use or | 15 | | possession of cannabis, a controlled substance, or | 16 | | methamphetamine within the past year; or | 17 | | (2) determined by the Department of State Police to be | 18 | | addicted to narcotics based upon federal law or federal | 19 | | guidelines. | 20 | | "Addicted to narcotics" does not include possession or use | 21 | | of a prescribed controlled substance under the direction and | 22 | | authority of a physician or other person authorized to | 23 | | prescribe the controlled substance when the controlled | 24 | | substance is used in the prescribed manner. |
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| 1 | | "Adjudicated as a person with a mental disability" means | 2 | | the person is the subject of a determination by a court, board, | 3 | | commission or other lawful authority that the person, as a | 4 | | result of marked subnormal intelligence, or mental illness, | 5 | | mental impairment, incompetency, condition, or disease: | 6 | | (1) presents a clear and present danger to himself, | 7 | | herself, or to others; | 8 | | (2) lacks the mental capacity to manage his or her own | 9 | | affairs or is adjudicated a person with a disability as | 10 | | defined in Section 11a-2 of the Probate Act of 1975; | 11 | | (3) is not guilty in a criminal case by reason of | 12 | | insanity, mental disease or defect; | 13 | | (3.5) is guilty but mentally ill, as provided in | 14 | | Section 5-2-6 of the Unified Code of Corrections; | 15 | | (4) is incompetent to stand trial in a criminal case; | 16 | | (5) is not guilty by reason of lack of mental | 17 | | responsibility under Articles 50a and 72b of the Uniform | 18 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 19 | | (6) is a sexually violent person under subsection (f) | 20 | | of Section 5 of the Sexually Violent Persons Commitment | 21 | | Act; | 22 | | (7) is a sexually dangerous person under the Sexually | 23 | | Dangerous Persons Act; | 24 | | (8) is unfit to stand trial under the Juvenile Court | 25 | | Act of 1987; | 26 | | (9) is not guilty by reason of insanity under the |
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| 1 | | Juvenile Court Act of 1987; | 2 | | (10) is subject to involuntary admission as an | 3 | | inpatient as defined in Section 1-119 of the Mental Health | 4 | | and Developmental Disabilities Code; | 5 | | (11) is subject to involuntary admission as an | 6 | | outpatient as defined in Section 1-119.1 of the Mental | 7 | | Health and Developmental Disabilities Code; | 8 | | (12) is subject to judicial admission as set forth in | 9 | | Section 4-500 of the Mental Health and Developmental | 10 | | Disabilities Code; or | 11 | | (13) is subject to the provisions of the Interstate | 12 | | Agreements on Sexually Dangerous Persons Act. | 13 | | "Clear and present danger" means a person who: | 14 | | (1) communicates a serious threat of physical violence | 15 | | against a reasonably identifiable victim or poses a clear | 16 | | and imminent risk of serious physical injury to himself, | 17 | | herself, or another person as determined by a physician, | 18 | | clinical psychologist, or qualified examiner; or | 19 | | (2) demonstrates threatening physical or verbal | 20 | | behavior, such as violent, suicidal, or assaultive | 21 | | threats, actions, or other behavior, as determined by a | 22 | | physician, clinical psychologist, qualified examiner, | 23 | | school administrator, or law enforcement official , | 24 | | including any act that
is intended to cause or create a | 25 | | risk and does cause or create a risk of death
or great | 26 | | bodily harm to one or more persons . |
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| 1 | | "Clinical psychologist" has the meaning provided in | 2 | | Section 1-103 of the Mental Health and Developmental | 3 | | Disabilities Code. | 4 | | "Controlled substance" means a controlled substance or | 5 | | controlled substance analog as defined in the Illinois | 6 | | Controlled Substances Act. | 7 | | "Counterfeit" means to copy or imitate, without legal | 8 | | authority, with
intent
to deceive. | 9 | | "Federally licensed firearm dealer" means a person who is | 10 | | licensed as a federal firearms dealer under Section 923 of the | 11 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 12 | | "Firearm" means any device, by
whatever name known, which | 13 | | is designed to expel a projectile or projectiles
by the action | 14 | | of an explosion, expansion of gas or escape of gas; excluding,
| 15 | | however:
| 16 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 17 | | B-B gun which
expels a single globular projectile not | 18 | | exceeding .18 inch in
diameter or which has a maximum | 19 | | muzzle velocity of less than 700 feet
per second;
| 20 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 21 | | B-B gun which expels breakable paint balls containing | 22 | | washable marking colors; | 23 | | (2) any device used exclusively for signalling or | 24 | | safety and required or
recommended by the United States | 25 | | Coast Guard or the Interstate Commerce
Commission;
| 26 | | (3) any device used exclusively for the firing of stud |
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| 1 | | cartridges,
explosive rivets or similar industrial | 2 | | ammunition; and
| 3 | | (4) an antique firearm (other than a machine-gun) | 4 | | which, although
designed as a weapon, the Department of | 5 | | State Police finds by reason of
the date of its | 6 | | manufacture, value, design, and other characteristics is
| 7 | | primarily a collector's item and is not likely to be used | 8 | | as a weapon.
| 9 | | "Firearm ammunition" means any self-contained cartridge or | 10 | | shotgun
shell, by whatever name known, which is designed to be | 11 | | used or adaptable to
use in a firearm; excluding, however:
| 12 | | (1) any ammunition exclusively designed for use with a | 13 | | device used
exclusively for signalling or safety and | 14 | | required or recommended by the
United States Coast Guard or | 15 | | the Interstate Commerce Commission; and
| 16 | | (2) any ammunition designed exclusively for use with a | 17 | | stud or rivet
driver or other similar industrial | 18 | | ammunition. | 19 | | "Gun show" means an event or function: | 20 | | (1) at which the sale and transfer of firearms is the | 21 | | regular and normal course of business and where 50 or more | 22 | | firearms are displayed, offered, or exhibited for sale, | 23 | | transfer, or exchange; or | 24 | | (2) at which not less than 10 gun show vendors display, | 25 | | offer, or exhibit for sale, sell, transfer, or exchange | 26 | | firearms.
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| 1 | | "Gun show" includes the entire premises provided for an | 2 | | event or function, including parking areas for the event or | 3 | | function, that is sponsored to facilitate the purchase, sale, | 4 | | transfer, or exchange of firearms as described in this Section.
| 5 | | Nothing in this definition shall be construed to exclude a gun | 6 | | show held in conjunction with competitive shooting events at | 7 | | the World Shooting Complex sanctioned by a national governing | 8 | | body in which the sale or transfer of firearms is authorized | 9 | | under subparagraph (5) of paragraph (g) of subsection (A) of | 10 | | Section 24-3 of the Criminal Code of 2012. | 11 | | Unless otherwise expressly stated, "gun show" does not | 12 | | include training or safety classes, competitive shooting | 13 | | events, such as rifle, shotgun, or handgun matches, trap, | 14 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| 15 | | any other event where the sale or transfer of firearms is not | 16 | | the primary course of business. | 17 | | "Gun show promoter" means a person who organizes or | 18 | | operates a gun show. | 19 | | "Gun show vendor" means a person who exhibits, sells, | 20 | | offers for sale, transfers, or exchanges any firearms at a gun | 21 | | show, regardless of whether the person arranges with a gun show | 22 | | promoter for a fixed location from which to exhibit, sell, | 23 | | offer for sale, transfer, or exchange any firearm. | 24 | | "Involuntarily admitted" has the meaning as prescribed in | 25 | | Sections 1-119 and 1-119.1 of the Mental Health and | 26 | | Developmental Disabilities Code. |
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| 1 | | "Mental health facility" means any licensed private | 2 | | hospital or hospital affiliate, institution, or facility, or | 3 | | part thereof, and any facility, or part thereof, operated by | 4 | | the State or a political subdivision thereof which provide | 5 | | treatment of persons with mental illness and includes all | 6 | | hospitals, institutions, clinics, evaluation facilities, | 7 | | mental health centers, colleges, universities, long-term care | 8 | | facilities, and nursing homes, or parts thereof, which provide | 9 | | treatment of persons with mental illness whether or not the | 10 | | primary purpose is to provide treatment of persons with mental | 11 | | illness. | 12 | | "National governing body" means a group of persons who | 13 | | adopt rules and formulate policy on behalf of a national | 14 | | firearm sporting organization. | 15 | | "Patient" means: | 16 | | (1) a person who : | 17 | | (a) is admitted as an in-patient or resident of a | 18 | | public or private mental health facility for mental | 19 | | health treatment under Chapter III of the Mental Health | 20 | | and Developmental Disabilities Code as an informal | 21 | | admission under Article III, a voluntary admission | 22 | | under Article IV, a minor admission under Article V, an | 23 | | emergency admission under Article VI, or an | 24 | | involuntary admission under Article VII; or | 25 | | (b) is otherwise provided mental health treatment | 26 | | as an in-patient or resident by a voluntarily receives |
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| 1 | | mental health treatment as an in-patient or resident of | 2 | | any public or private mental health facility, unless | 3 | | the treatment was solely for an alcohol abuse disorder | 4 | | and no other secondary substance abuse disorder or | 5 | | mental illness; or | 6 | | (2) a person who voluntarily or involuntarily receives | 7 | | mental health treatment as an out-patient or is otherwise | 8 | | provided services by a public or private mental health | 9 | | facility, and who poses a clear and present danger to | 10 | | himself, herself, or to others. | 11 | | "Person with a developmental disability" means a person | 12 | | with a disability which is attributable to any other condition | 13 | | which results in impairment similar to that caused by an | 14 | | intellectual disability and which requires services similar to | 15 | | those required by persons with intellectual disabilities. The | 16 | | disability must originate before the age of 18
years, be | 17 | | expected to continue indefinitely, and constitute a | 18 | | substantial disability. This disability results, in the | 19 | | professional opinion of a physician, clinical psychologist, or | 20 | | qualified examiner, in significant functional limitations in 3 | 21 | | or more of the following areas of major life activity: | 22 | | (i) self-care; | 23 | | (ii) receptive and expressive language; | 24 | | (iii) learning; | 25 | | (iv) mobility; or | 26 | | (v) self-direction. |
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| 1 | | "Person with an intellectual disability" means a person | 2 | | with a significantly subaverage general intellectual | 3 | | functioning which exists concurrently with impairment in | 4 | | adaptive behavior and which originates before the age of 18 | 5 | | years. | 6 | | "Physician" has the meaning as defined in Section 1-120 of | 7 | | the Mental Health and Developmental Disabilities Code. | 8 | | "Qualified examiner" has the meaning provided in Section | 9 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 10 | | "Sanctioned competitive shooting event" means a shooting | 11 | | contest officially recognized by a national or state shooting | 12 | | sport association, and includes any sight-in or practice | 13 | | conducted in conjunction with the event.
| 14 | | "School administrator" means the person required to report | 15 | | under the School Administrator Reporting of Mental Health Clear | 16 | | and Present Danger Determinations Law. | 17 | | "Stun gun or taser" has the meaning ascribed to it in | 18 | | Section 24-1 of the Criminal Code of 2012. | 19 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | 20 | | eff. 7-27-15; 99-642, eff. 7-28-16.)
| 21 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 22 | | Sec. 3.1. Firearm transfer inquiry program Dial up system . | 23 | | (a) The Department of State Police shall provide
a firearm | 24 | | transfer inquiry program consisting of a dial up telephone | 25 | | system or utilize other existing technology which shall be used |
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| 1 | | by any federally licensed
firearm dealer, gun show promoter, or | 2 | | gun show vendor who is to transfer a firearm, stun gun, or | 3 | | taser under the provisions of this
Act. The Department of State | 4 | | Police may utilize existing technology which
allows the caller | 5 | | to be charged a fee not to exceed $2. Fees collected by the | 6 | | Department of
State Police shall be deposited in the State | 7 | | Police Services Fund and used
to provide the service.
| 8 | | (b) Upon receiving a request from a federally licensed | 9 | | firearm dealer, gun show promoter, or gun show vendor, the
| 10 | | Department of State Police shall immediately approve, or within | 11 | | the time
period established by Section 24-3 of the Criminal | 12 | | Code of 2012 regarding
the delivery of firearms, stun guns, and | 13 | | tasers notify the inquiring dealer, gun show promoter, or gun | 14 | | show vendor of any objection that
would disqualify the | 15 | | transferee from acquiring or possessing a firearm, stun gun, or | 16 | | taser. In
conducting the inquiry, the Department of State | 17 | | Police shall initiate and
complete an automated search of its | 18 | | criminal history record information
files and those of the | 19 | | Federal Bureau of Investigation, including the
National | 20 | | Instant Criminal Background Check System, and of the files of
| 21 | | the Department of Human Services relating to mental health and
| 22 | | developmental disabilities to obtain
any felony conviction or | 23 | | patient hospitalization information which would
disqualify a | 24 | | person from obtaining or require revocation of a currently
| 25 | | valid Firearm Owner's Identification Card. | 26 | | (c) If receipt of a firearm would not violate Section 24-3 |
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| 1 | | of the Criminal Code of 2012, federal law, or this Act the | 2 | | Department of State Police shall: | 3 | | (1) assign a unique identification number to the | 4 | | transfer; and | 5 | | (2) provide the licensee, gun show promoter, or gun | 6 | | show vendor with the number. | 7 | | (d) Approvals issued by the Department of State Police for | 8 | | the purchase of a firearm are valid for 30 days from the date | 9 | | of issue.
| 10 | | (e) (1) The Department of State Police must act as the | 11 | | Illinois Point of Contact
for the National Instant Criminal | 12 | | Background Check System. | 13 | | (2) The Department of State Police and the Department of | 14 | | Human Services shall, in accordance with State and federal law | 15 | | regarding confidentiality, enter into a memorandum of | 16 | | understanding with the Federal Bureau of Investigation for the | 17 | | purpose of implementing the National Instant Criminal | 18 | | Background Check System in the State. The Department of State | 19 | | Police shall report the name, date of birth, and physical | 20 | | description of any person prohibited from possessing a firearm | 21 | | pursuant to the Firearm Owners Identification Card Act or 18 | 22 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 23 | | Background Check System Index, Denied Persons Files.
| 24 | | (3) The Department of State Police shall , within 3 business | 25 | | days, provide notice of the disqualification of a person under | 26 | | subsection (b) of this Section or the revocation of a person's |
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| 1 | | Firearm Owner's Identification Card under Section 8 or Section | 2 | | 8.2 of this Act, and the reason for the disqualification or | 3 | | revocation, to all law enforcement agencies with jurisdiction | 4 | | to assist with the seizure of the person's Firearm Owner's | 5 | | Identification Card. | 6 | | (f) The Department of State Police shall adopt rules not | 7 | | inconsistent with this Section to implement this
system.
| 8 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .) | 9 | | (430 ILCS 65/3.3)
| 10 | | Sec. 3.3. Report to the local law enforcement agency ; | 11 | | notification to the Federal Bureau of Investigation . | 12 | | (a) The Department of
State Police must report the name and | 13 | | address
of a person to the local law enforcement agency where | 14 | | the person resides if the
person attempting to purchase a | 15 | | firearm is disqualified from purchasing a
firearm because of | 16 | | information obtained
under subsection (a-10) of Section 3 or | 17 | | Section 3.1 that would disqualify the person from obtaining a | 18 | | Firearm Owner's Identification Card under any of subsections | 19 | | (c) through (n) of Section 8 of this Act.
| 20 | | (b) The Department of State Police may notify the Federal | 21 | | Bureau of Investigation when a person named on the consolidated | 22 | | Terrorist Watchlist maintained by the Terrorist Screening | 23 | | Center administrated by the Federal Bureau of Investigation is | 24 | | making application for a Firearm Owner's Identification Card. | 25 | | (Source: P.A. 98-508, eff. 8-19-13.)
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| 1 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 2 | | Sec. 8. Grounds for denial and revocation. The Department | 3 | | of State Police has authority to deny an
application for or to | 4 | | revoke and seize a Firearm Owner's Identification
Card | 5 | | previously issued under this Act only if the Department finds | 6 | | that the
applicant or the person to whom such card was issued | 7 | | is or was at the time
of issuance:
| 8 | | (a) A person under 21 years of age who has been | 9 | | convicted of a
misdemeanor other than a traffic offense or | 10 | | adjudged delinquent;
| 11 | | (b) A person under 21 years of age who does not have | 12 | | the written consent
of his parent or guardian to acquire | 13 | | and possess firearms and firearm
ammunition, or whose | 14 | | parent or guardian has revoked such written consent,
or | 15 | | where such parent or guardian does not qualify to have a | 16 | | Firearm Owner's
Identification Card;
| 17 | | (c) A person convicted of a felony under the laws of | 18 | | this or any other
jurisdiction;
| 19 | | (d) A person addicted to narcotics;
| 20 | | (e) A person who has been a patient of a mental health | 21 | | facility within the
past 5 years or a person who has been a | 22 | | patient in a mental health facility more than 5 years ago | 23 | | who has not received the certification required under | 24 | | subsection (u) of this Section. An active law enforcement | 25 | | officer employed by a unit of government who is denied, |
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| 1 | | revoked, or has his or her Firearm Owner's Identification | 2 | | Card seized under this subsection (e) may obtain relief as | 3 | | described in subsection (c-5) of Section 10 of this Act if | 4 | | the officer did not act in a manner threatening to the | 5 | | officer, another person, or the public as determined by the | 6 | | treating clinical psychologist or physician, and the | 7 | | officer seeks mental health treatment;
| 8 | | (f) A person whose mental condition is of such a nature | 9 | | that it poses
a clear and present danger to the applicant, | 10 | | any other person or persons or
the community;
| 11 | | (g) A person who has an intellectual disability;
| 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 Government | 2 | | or 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 | 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 friendly | 11 | | foreign government
entering the United States on | 12 | | official 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 | 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 | 23 | | battery, aggravated domestic battery, or a substantially
| 24 | | similar offense in another jurisdiction committed before, | 25 | | on or after January 1, 2012 (the effective date of Public | 26 | | Act 97-158). If the applicant or person who has been |
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| 1 | | previously issued a Firearm Owner's Identification Card | 2 | | under this Act knowingly and intelligently waives the right | 3 | | to have an offense described in this paragraph (l) tried by | 4 | | a jury, and by guilty plea or otherwise, results in a | 5 | | conviction for an offense in which a domestic relationship | 6 | | is not a required element of the offense but in which a | 7 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 8 | | is made under Section 112A-11.1 of the Code of Criminal | 9 | | Procedure of 1963, an entry by the court of a judgment of | 10 | | conviction for that offense shall be grounds for denying an | 11 | | application for and for revoking and seizing a Firearm | 12 | | Owner's Identification Card previously issued to the | 13 | | person under this Act;
| 14 | | (m) (Blank);
| 15 | | (n) A person who is prohibited from acquiring or | 16 | | possessing
firearms or firearm ammunition by any Illinois | 17 | | State statute or by federal
law;
| 18 | | (o) A minor subject to a petition filed under Section | 19 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 20 | | minor is a delinquent minor for
the commission of an | 21 | | offense that if committed by an adult would be a felony;
| 22 | | (p) An adult who had been adjudicated a delinquent | 23 | | minor under the Juvenile
Court Act of 1987 for the | 24 | | commission of an offense that if committed by an
adult | 25 | | would be a felony;
| 26 | | (q) A person who is not a resident of the State of |
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| 1 | | Illinois, except as provided in subsection (a-10) of | 2 | | Section 4; | 3 | | (r) A person who has been adjudicated as a person with | 4 | | a mental disability; | 5 | | (s) A person who has been found to have a developmental | 6 | | disability; | 7 | | (t) A person involuntarily admitted into a mental | 8 | | health facility; or | 9 | | (u) A person who has had his or her Firearm Owner's | 10 | | Identification Card revoked or denied under subsection (e) | 11 | | of this Section or item (iv) of paragraph (2) of subsection | 12 | | (a) of Section 4 of this Act because he or she was a | 13 | | patient in a mental health facility as provided in | 14 | | subsection (e) of this Section, shall not be permitted to | 15 | | obtain a Firearm Owner's Identification Card, after the | 16 | | 5-year period has lapsed, unless he or she has received a | 17 | | mental health evaluation by a physician, clinical | 18 | | psychologist, or qualified examiner as those terms are | 19 | | defined in the Mental Health and Developmental | 20 | | Disabilities Code, and has received a certification that he | 21 | | or she is not a clear and present danger to himself, | 22 | | herself, or others. The physician, clinical psychologist, | 23 | | or qualified examiner making the certification and his or | 24 | | her employer shall not be held criminally, civilly, or | 25 | | professionally liable for making or not making the | 26 | | certification required under this subsection, except for |
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| 1 | | willful or wanton misconduct. This subsection does not | 2 | | apply to a person whose firearm possession rights have been | 3 | | restored through administrative or judicial action under | 4 | | Section 10 or 11 of this Act ; or | 5 | | (v) A person who is charged with making a terrorist | 6 | | threat as set forth in Section 29D-20 or soliciting or | 7 | | providing material support for terrorism as set forth in | 8 | | Section 29D-29.9 of the Criminal Code of 2012 or a similar | 9 | | offense of another state or under federal law . | 10 | | Upon revocation of a person's Firearm Owner's | 11 | | Identification Card, the Department of State Police shall | 12 | | provide notice to the person and the person shall comply with | 13 | | Section 9.5 of this Act. | 14 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | 15 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
| 16 | | (430 ILCS 65/9.5) | 17 | | Sec. 9.5. Revocation of Firearm Owner's Identification
| 18 | | Card. | 19 | | (a) A person who receives a revocation notice under Section | 20 | | 9 of this Act shall, within 48 hours of receiving notice of the | 21 | | revocation: | 22 | | (1) surrender his or her Firearm Owner's | 23 | | Identification Card to the local law enforcement agency | 24 | | where the person resides. The local law enforcement agency | 25 | | shall provide the person a receipt and transmit the Firearm |
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| 1 | | Owner's Identification Card to the Department of State | 2 | | Police; and | 3 | | (2) complete a Firearm Disposition Record on a form | 4 | | prescribed by the Department of State Police and place his | 5 | | or her firearms in the location or with the person reported | 6 | | in the Firearm Disposition Record. The form shall require | 7 | | the person to disclose: | 8 | | (A) the make, model, and serial number of each | 9 | | firearm owned by or under the custody and control of | 10 | | the revoked person; | 11 | | (B) the location where each firearm will be | 12 | | maintained during the prohibited term; and | 13 | | (C) if any firearm will be transferred to the | 14 | | custody of another person, the name, address and | 15 | | Firearm Owner's Identification Card number of the | 16 | | transferee. | 17 | | (b) The local law enforcement agency shall provide a copy | 18 | | of the Firearm Disposition Record to the person whose Firearm | 19 | | Owner's Identification Card has been revoked and to the | 20 | | Department of State Police. | 21 | | (c) If the person whose Firearm Owner's Identification Card | 22 | | has been revoked fails to comply with the requirements of this | 23 | | Section, the sheriff or law enforcement agency where the person | 24 | | resides may petition the circuit court to issue a warrant to | 25 | | search for and seize the Firearm Owner's Identification Card | 26 | | and firearms in the possession or under the custody or control |
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| 1 | | of the person whose Firearm Owner's Identification Card has | 2 | | been revoked. | 3 | | (c-5) If the Department of State Police has not received | 4 | | the Firearm Owner's Identification Card or Firearms | 5 | | Disposition Record from the person, the Department shall send | 6 | | notice of noncompliance to the sheriff and law enforcement | 7 | | agency where the person resides and upon request the Department | 8 | | shall make this information of noncompliance available to the | 9 | | sheriff and law enforcement agency where the person resides. | 10 | | (d) A violation of subsection (a) of this Section is a | 11 | | Class A misdemeanor. | 12 | | (e) The observation of a Firearm Owner's Identification | 13 | | Card in the possession of a person whose Firearm Owner's | 14 | | Identification Card has been revoked constitutes a sufficient | 15 | | basis for the arrest of that person for violation of this | 16 | | Section. | 17 | | (f) Within 30 days after the effective date of this | 18 | | amendatory Act of the 98th General Assembly, the Department of | 19 | | State Police shall provide written notice of the requirements | 20 | | of this Section to persons whose Firearm Owner's Identification | 21 | | Cards have been revoked, suspended, or expired and who have | 22 | | failed to surrender their cards to the Department. Within 30 | 23 | | days
after the effective date of this amendatory Act of the | 24 | | 100th
General Assembly, and by January 31 of each year | 25 | | thereafter, the
Department of State Police shall provide | 26 | | written notice, in the form and manner prescribed by the |
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| 1 | | Department, of the
requirements of this Section to every | 2 | | sheriff and law enforcement agency within this State. | 3 | | (g) A person whose Firearm Owner's Identification Card has | 4 | | been revoked and who received notice under subsection (f) shall | 5 | | comply with the requirements of this Section within 48 hours of | 6 | | receiving notice.
| 7 | | (Source: P.A. 98-63, eff. 7-9-13.)
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 50 ILCS 705/10.7 | | | 4 | | 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | | 5 | | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 | | 6 | | 430 ILCS 65/3.3 | | | 7 | | 430 ILCS 65/8 | from Ch. 38, par. 83-8 | | 8 | | 430 ILCS 65/9.5 | |
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