State of Illinois
92nd General Assembly

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 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
 5    is amended by changing Section 8 as follows:

 6        (430 ILCS 65/8) (from Ch. 38, par. 83-8)
 7        Sec. 8.  The Department of State Police may has authority
 8    to deny an application for or  may  to  revoke  and  seize  a
 9    Firearm  Owner's  Identification Card previously issued under
10    this Act only if the Department finds that the  applicant  or
11    the person to whom such card was issued is or was at the time
12    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 the
17    written consent of his parent  or  guardian  to  acquire  and
18    possess  firearms  and firearm ammunition, or whose parent or
19    guardian has revoked such  written  consent,  or  where  such
20    parent or guardian does not qualify to have a Firearm Owner's
21    Identification Card;
22        (c)  A  person  convicted  of  a felony under the laws of
23    this or any other jurisdiction;
24        (d)  A person addicted to narcotics;
25        (e)  A  person  who  has  been  a  patient  of  a  mental
26    institution within the past 5 years;
27        (f)  A person whose mental condition is of such a  nature
28    that  it  poses  a clear and present danger to the applicant,
29    any other person or persons or the community;
30        For the purposes  of  this  Section,  "mental  condition"
31    means  a  state  of  mind  manifested  by  violent, suicidal,
                            -2-                LRB9205913RCcd
 1    threatening or assaultive behavior.
 2        (g)  A person who is mentally retarded;
 3        (h)  A person who intentionally makes a  false  statement
 4    in the Firearm Owner's Identification Card application;
 5        (i)  An  alien  who  is  unlawfully present in the United
 6    States under the laws of the United States;
 7        (j)  A person who is subject  to  an  existing  order  of
 8    protection prohibiting him or her from possessing a firearm;
 9        (k)  A  person  who  has been convicted within the past 5
10    years of battery, assault, aggravated assault,  violation  of
11    an order of protection, or a substantially similar offense in
12    another   jurisdiction,  in  which  a  firearm  was  used  or
13    possessed;
14        (l)  A person who has been convicted of domestic  battery
15    or  a  substantially  similar offense in another jurisdiction
16    committed on or after January 1, 1998;
17        (m)  A person who has been convicted within  the  past  5
18    years  of domestic battery or a substantially similar offense
19    in another jurisdiction committed before January 1, 1998; or
20        (n)   A  person  who  is  prohibited  from  acquiring  or
21    possessing firearms or firearm  ammunition  by  any  Illinois
22    State statute or by federal law.
23    (Source:  P.A.  90-130,  eff.  1-1-98;  90-493,  eff. 1-1-98;
24    90-655, eff. 7-30-98; 91-694, eff. 4-13-00.)

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