Illinois General Assembly - Full Text of HB4673
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Full Text of HB4673  97th General Assembly

HB4673 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4673

 

Introduced 2/3/2012, by Rep. Dena M. Carli

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8

    Amends the Firearm Owners Identification Card Act. Provides that the prohibition on issuance of a Firearm Owner's Identification Card and the grounds for revocation of such Card for being a patient in a mental institution within the past 5 years or for being adjudicated as a mental defective do not apply to an active law enforcement officer employed by a unit of local government. Effective immediately.


LRB097 12811 RLC 57307 b

 

 

A BILL FOR

 

HB4673LRB097 12811 RLC 57307 b

1    AN ACT concerning firearms.
 
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 Sections 4 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification 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, if
12    and when made available by the Department of State Police;
13    and
14        (2) Submit evidence to the Department of State Police
15    that:
16            (i) He or she is 21 years of age or over, or if he
17        or she is under 21 years of age that he or she has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm ammunition
20        and that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from

 

 

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1        having a Firearm Owner's Identification Card and files
2        an affidavit with the Department as prescribed by the
3        Department stating that he or she is not an individual
4        prohibited from having a Card;
5            (ii) He or she has not been convicted of a felony
6        under the laws of this or any other jurisdiction;
7            (iii) He or she is not addicted to narcotics;
8            (iv) He or she has not been a patient in a mental
9        institution within the past 5 years and he or she has
10        not been adjudicated as a mental defective. This clause
11        (iv) does not apply to an active law enforcement
12        officer employed by a unit of local government;
13            (v) He or she is not mentally retarded;
14            (vi) He or she is not an alien who is unlawfully
15        present in the United States under the laws of the
16        United States;
17            (vii) He or she is not subject to an existing order
18        of protection prohibiting him or her from possessing a
19        firearm;
20            (viii) He or she has not been convicted within the
21        past 5 years of battery, assault, aggravated assault,
22        violation of an order of protection, or a substantially
23        similar offense in another jurisdiction, in which a
24        firearm was used or possessed;
25            (ix) He or she has not been convicted of domestic
26        battery or a substantially similar offense in another

 

 

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1        jurisdiction committed on or after the effective date
2        of this amendatory Act of 1997;
3            (x) He or she has not been convicted within the
4        past 5 years of domestic battery or a substantially
5        similar offense in another jurisdiction committed
6        before the effective date of this amendatory Act of
7        1997;
8            (xi) He or she is not an alien who has been
9        admitted to the United States under a non-immigrant
10        visa (as that term is defined in Section 101(a)(26) of
11        the Immigration and Nationality Act (8 U.S.C.
12        1101(a)(26))), or that he or she is an alien who has
13        been lawfully admitted to the United States under a
14        non-immigrant visa if that alien is:
15                (1) admitted to the United States for lawful
16            hunting or sporting purposes;
17                (2) an official representative of a foreign
18            government who is:
19                    (A) accredited to the United States
20                Government or the Government's mission to an
21                international organization having its
22                headquarters in the United States; or
23                    (B) en route to or from another country to
24                which that alien is accredited;
25                (3) an official of a foreign government or
26            distinguished foreign visitor who has been so

 

 

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1            designated by the Department of State;
2                (4) a foreign law enforcement officer of a
3            friendly foreign government entering the United
4            States on official business; or
5                (5) one who has received a waiver from the
6            Attorney General of the United States pursuant to
7            18 U.S.C. 922(y)(3);
8            (xii) He or she is not a minor subject to a
9        petition filed under Section 5-520 of the Juvenile
10        Court Act of 1987 alleging that the minor is a
11        delinquent minor for the commission of an offense that
12        if committed by an adult would be a felony; and
13            (xiii) He or she is not an adult who had been
14        adjudicated a delinquent minor under the Juvenile
15        Court Act of 1987 for the commission of an offense that
16        if committed by an adult would be a felony; and
17        (3) Upon request by the Department of State Police,
18    sign a release on a form prescribed by the Department of
19    State Police waiving any right to confidentiality and
20    requesting the disclosure to the Department of State Police
21    of limited mental health institution admission information
22    from another state, the District of Columbia, any other
23    territory of the United States, or a foreign nation
24    concerning the applicant for the sole purpose of
25    determining whether the applicant is or was a patient in a
26    mental health institution and disqualified because of that

 

 

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1    status from receiving a Firearm Owner's Identification
2    Card. No mental health care or treatment records may be
3    requested. The information received shall be destroyed
4    within one year of receipt.
5    (a-5) Each applicant for a Firearm Owner's Identification
6Card who is over the age of 18 shall furnish to the Department
7of State Police either his or her driver's license number or
8Illinois Identification Card number.
9    (a-10) Each applicant for a Firearm Owner's Identification
10Card, who is employed as an armed security officer at a nuclear
11energy, storage, weapons, or development facility regulated by
12the Nuclear Regulatory Commission and who is not an Illinois
13resident, shall furnish to the Department of State Police his
14or her driver's license number or state identification card
15number from his or her state of residence. The Department of
16State Police may promulgate rules to enforce the provisions of
17this subsection (a-10).
18    (b) Each application form shall include the following
19statement printed in bold type: "Warning: Entering false
20information on an application for a Firearm Owner's
21Identification Card is punishable as a Class 2 felony in
22accordance with subsection (d-5) of Section 14 of the Firearm
23Owners Identification Card Act.".
24    (c) Upon such written consent, pursuant to Section 4,
25paragraph (a)(2)(i), the parent or legal guardian giving the
26consent shall be liable for any damages resulting from the

 

 

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1applicant's use of firearms or firearm ammunition.
2(Source: P.A. 95-581, eff. 6-1-08.)
 
3    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
4    Sec. 8. The Department of State Police has authority to
5deny an application for or to revoke and seize a Firearm
6Owner's Identification Card previously issued under this Act
7only if the Department finds that the applicant or the person
8to whom such card was issued is or was at the time of issuance:
9    (a) A person under 21 years of age who has been convicted
10of a misdemeanor other than a traffic offense or adjudged
11delinquent;
12    (b) A person under 21 years of age who does not have the
13written consent of his parent or guardian to acquire and
14possess firearms and firearm ammunition, or whose parent or
15guardian has revoked such written consent, or where such parent
16or guardian does not qualify to have a Firearm Owner's
17Identification Card;
18    (c) A person convicted of a felony under the laws of this
19or any other jurisdiction;
20    (d) A person addicted to narcotics;
21    (e) A person who has been a patient of a mental institution
22within the past 5 years or has been adjudicated as a mental
23defective. This paragraph (e) does not apply to an active law
24enforcement officer employed by a unit of local government;
25    (f) A person whose mental condition is of such a nature

 

 

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1that it poses a clear and present danger to the applicant, any
2other person or persons or the community;
3    For the purposes of this Section, "mental condition" means
4a state of mind manifested by violent, suicidal, threatening or
5assaultive behavior.
6    (g) A person who is mentally retarded;
7    (h) A person who intentionally makes a false statement in
8the Firearm Owner's Identification Card application;
9    (i) An alien who is unlawfully present in the United States
10under the laws of the United States;
11    (i-5) An alien who has been admitted to the United States
12under a non-immigrant visa (as that term is defined in Section
13101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
141101(a)(26))), except that this subsection (i-5) does not apply
15to any alien who has been lawfully admitted to the United
16States under a non-immigrant visa if that alien is:
17        (1) admitted to the United States for lawful hunting or
18    sporting purposes;
19        (2) an official representative of a foreign government
20    who is:
21            (A) accredited to the United States Government or
22        the Government's mission to an international
23        organization having its headquarters in the United
24        States; or
25            (B) en route to or from another country to which
26        that alien is accredited;

 

 

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1        (3) an official of a foreign government or
2    distinguished foreign visitor who has been so designated by
3    the Department of State;
4        (4) a foreign law enforcement officer of a friendly
5    foreign government entering the United States on official
6    business; or
7        (5) one who has received a waiver from the Attorney
8    General of the United States pursuant to 18 U.S.C.
9    922(y)(3);
10    (j) (Blank);
11    (k) A person who has been convicted within the past 5 years
12of battery, assault, aggravated assault, violation of an order
13of protection, or a substantially similar offense in another
14jurisdiction, in which a firearm was used or possessed;
15    (l) A person who has been convicted of domestic battery or
16a substantially similar offense in another jurisdiction
17committed on or after January 1, 1998;
18    (m) A person who has been convicted within the past 5 years
19of domestic battery or a substantially similar offense in
20another jurisdiction committed before January 1, 1998;
21    (n) A person who is prohibited from acquiring or possessing
22firearms or firearm ammunition by any Illinois State statute or
23by federal law;
24    (o) A minor subject to a petition filed under Section 5-520
25of the Juvenile Court Act of 1987 alleging that the minor is a
26delinquent minor for the commission of an offense that if

 

 

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1committed by an adult would be a felony; or
2    (p) An adult who had been adjudicated a delinquent minor
3under the Juvenile Court Act of 1987 for the commission of an
4offense that if committed by an adult would be a felony.
5(Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.