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| 1 | AN ACT concerning safety.
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| 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 2, 4, and 8 as follows:
| |||||||||||||||||||||||||
| 6 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| |||||||||||||||||||||||||
| 7 | Sec. 2. Firearm Owner's Identification Card required; | |||||||||||||||||||||||||
| 8 | exceptions.
| |||||||||||||||||||||||||
| 9 | (a) (1) No person may acquire or possess any firearm, stun | |||||||||||||||||||||||||
| 10 | gun, or taser within this State
without having in his or her | |||||||||||||||||||||||||
| 11 | possession a Firearm Owner's Identification Card
previously | |||||||||||||||||||||||||
| 12 | issued in his or her name by the Department of State Police | |||||||||||||||||||||||||
| 13 | under
the provisions of this Act.
| |||||||||||||||||||||||||
| 14 | (2) No person may acquire or possess firearm ammunition | |||||||||||||||||||||||||
| 15 | within this
State without having in his or her possession a | |||||||||||||||||||||||||
| 16 | Firearm Owner's Identification
Card previously issued in his or | |||||||||||||||||||||||||
| 17 | her name by the Department of State Police
under the provisions | |||||||||||||||||||||||||
| 18 | of this Act.
| |||||||||||||||||||||||||
| 19 | (b) The provisions of this Section regarding the possession | |||||||||||||||||||||||||
| 20 | of firearms, firearm ammunition, stun guns, and tasers do not | |||||||||||||||||||||||||
| 21 | apply to:
| |||||||||||||||||||||||||
| 22 | (1) United States Marshals, while engaged in the | |||||||||||||||||||||||||
| 23 | operation of their
official duties;
| |||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | (2) Members of the Armed Forces of the United States or | ||||||
| 2 | the National
Guard, while engaged in the operation of their | ||||||
| 3 | official duties;
| ||||||
| 4 | (3) Federal officials required to carry firearms, | ||||||
| 5 | while engaged in the
operation of their official duties;
| ||||||
| 6 | (4) Members of bona fide veterans organizations which | ||||||
| 7 | receive firearms
directly from the armed forces of the | ||||||
| 8 | United States, while using the
firearms for ceremonial | ||||||
| 9 | purposes with blank ammunition;
| ||||||
| 10 | (5) Nonresident hunters during hunting season, with | ||||||
| 11 | valid nonresident
hunting licenses and while in an area | ||||||
| 12 | where hunting is permitted; however,
at all other times and | ||||||
| 13 | in all other places these persons must have their
firearms | ||||||
| 14 | unloaded and enclosed in a case;
| ||||||
| 15 | (6) Those hunters exempt from obtaining a hunting | ||||||
| 16 | license who are
required to submit their Firearm Owner's | ||||||
| 17 | Identification Card when hunting
on Department of Natural | ||||||
| 18 | Resources owned or managed sites;
| ||||||
| 19 | (7) Nonresidents while on a firing or shooting range | ||||||
| 20 | recognized by the
Department of State Police; however, | ||||||
| 21 | these persons must at all other times
and in all other | ||||||
| 22 | places have their firearms unloaded and enclosed in a case;
| ||||||
| 23 | (8) Nonresidents while at a firearm showing or display | ||||||
| 24 | recognized by
the Department of State Police; however, at | ||||||
| 25 | all other times and in all
other places these persons must | ||||||
| 26 | have their firearms unloaded and enclosed
in a case;
| ||||||
| |||||||
| |||||||
| 1 | (9) Nonresidents whose firearms are unloaded and | ||||||
| 2 | enclosed in a case;
| ||||||
| 3 | (10) Nonresidents who are currently licensed or | ||||||
| 4 | registered to possess a
firearm in their resident state;
| ||||||
| 5 | (11) Unemancipated minors while in the custody and | ||||||
| 6 | immediate control of
their parent or legal guardian or | ||||||
| 7 | other person in loco parentis to the
minor if the parent or | ||||||
| 8 | legal guardian or other person in loco parentis to
the | ||||||
| 9 | minor has a currently valid Firearm Owner's Identification
| ||||||
| 10 | Card;
| ||||||
| 11 | (12) Color guards of bona fide veterans organizations | ||||||
| 12 | or members of bona
fide American Legion bands while using | ||||||
| 13 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
| 14 | (13) Nonresident hunters whose state of residence does | ||||||
| 15 | not require
them to be licensed or registered to possess a | ||||||
| 16 | firearm and only during
hunting season, with valid hunting | ||||||
| 17 | licenses, while accompanied by, and
using a firearm owned | ||||||
| 18 | by, a person who possesses a valid Firearm Owner's
| ||||||
| 19 | Identification Card and while in an area within a | ||||||
| 20 | commercial club licensed
under the Wildlife Code where | ||||||
| 21 | hunting is permitted and controlled, but in
no instance | ||||||
| 22 | upon sites owned or managed by the Department of Natural
| ||||||
| 23 | Resources;
| ||||||
| 24 | (14) Resident hunters who are properly authorized to | ||||||
| 25 | hunt and,
while accompanied by a person who possesses a | ||||||
| 26 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
| |||||||
| |||||||
| 1 | within a commercial club licensed
under the Wildlife Code | ||||||
| 2 | where hunting is permitted and controlled;
| ||||||
| 3 | (15) A person who is otherwise eligible to obtain a | ||||||
| 4 | Firearm Owner's
Identification Card under this Act and is | ||||||
| 5 | under the direct supervision of a
holder of a Firearm
| ||||||
| 6 | Owner's Identification Card who is 18 21 years of age or | ||||||
| 7 | older while the person is
on a firing or shooting range
or | ||||||
| 8 | is a
participant in a firearms safety and training course | ||||||
| 9 | recognized by a law
enforcement agency or a national, | ||||||
| 10 | statewide shooting sports organization; and
| ||||||
| 11 | (16) Competitive shooting athletes whose competition | ||||||
| 12 | firearms are sanctioned by the International Olympic | ||||||
| 13 | Committee, the International Paralympic Committee, the | ||||||
| 14 | International Shooting Sport Federation, or USA Shooting | ||||||
| 15 | in connection with such athletes' training for and | ||||||
| 16 | participation in shooting competitions at the 2016 Olympic | ||||||
| 17 | and Paralympic Games and sanctioned test events leading up | ||||||
| 18 | to the 2016 Olympic and Paralympic Games. | ||||||
| 19 | (c) The provisions of this Section regarding the | ||||||
| 20 | acquisition and possession
of firearms, firearm ammunition, | ||||||
| 21 | stun guns, and tasers do not apply to law enforcement officials
| ||||||
| 22 | of this or any other jurisdiction, while engaged in the | ||||||
| 23 | operation of their
official duties.
| ||||||
| 24 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
| 25 | subsection (a) of this Section regarding the possession of | ||||||
| 26 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
| |||||||
| |||||||
| 1 | valid concealed carry
license issued under the Firearm | ||||||
| 2 | Concealed Carry Act who is in physical
possession of the | ||||||
| 3 | concealed carry license. | ||||||
| 4 | (d) Any person who becomes a resident of this State, who is | ||||||
| 5 | not otherwise prohibited from obtaining, possessing, or using a | ||||||
| 6 | firearm or firearm ammunition, shall not be required to have a | ||||||
| 7 | Firearm Owner's Identification Card to possess firearms or | ||||||
| 8 | firearms ammunition until 60 calendar days after he or she | ||||||
| 9 | obtains an Illinois driver's license or Illinois | ||||||
| 10 | Identification Card. | ||||||
| 11 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
| 12 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
| 13 | Sec. 4. Application for Firearm Owner's Identification | ||||||
| 14 | Cards. | ||||||
| 15 | (a) Each applicant for a Firearm Owner's Identification | ||||||
| 16 | Card must:
| ||||||
| 17 | (1) Make application on blank forms prepared and | ||||||
| 18 | furnished at convenient
locations throughout the State by | ||||||
| 19 | the Department of State Police, or by
electronic means, if | ||||||
| 20 | and when made available by the Department of State
Police; | ||||||
| 21 | and
| ||||||
| 22 | (2) Submit evidence to the Department of State Police | ||||||
| 23 | that:
| ||||||
| 24 | (i) This subparagraph (i) applies through the | ||||||
| 25 | 180th day following the effective date of this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 101st General Assembly. He or she | ||||||
| 2 | is 18 21 years of age or over, or if he or she is under | ||||||
| 3 | 18 21
years of age that he or she has never been | ||||||
| 4 | convicted of a misdemeanor other than a traffic offense | ||||||
| 5 | or adjudged delinquent and is an active duty member of | ||||||
| 6 | the United States Armed Forces or has the written | ||||||
| 7 | consent of his or her parent or
legal guardian to | ||||||
| 8 | possess and acquire firearms and firearm ammunition | ||||||
| 9 | and that
he or she has never been convicted of a | ||||||
| 10 | misdemeanor other than a traffic
offense or adjudged
| ||||||
| 11 | delinquent, provided, however, that such parent or | ||||||
| 12 | legal guardian is not an
individual prohibited from | ||||||
| 13 | having a Firearm Owner's Identification Card and
files | ||||||
| 14 | an affidavit with the Department as prescribed by the | ||||||
| 15 | Department
stating that he or she is not an individual | ||||||
| 16 | prohibited from having a Card; | ||||||
| 17 | (i-5) This subparagraph (i-5) applies on and after | ||||||
| 18 | the 181st day following the effective date of this | ||||||
| 19 | amendatory Act of the 101st General Assembly. He or she | ||||||
| 20 | is 18 21 years of age or over, or if he or she is under | ||||||
| 21 | 18 21
years of age that he or she has never been | ||||||
| 22 | convicted of a misdemeanor other than a traffic offense | ||||||
| 23 | or adjudged delinquent and is an active duty member of | ||||||
| 24 | the United States Armed Forces or has the written | ||||||
| 25 | consent of his or her parent or
legal guardian to | ||||||
| 26 | possess and acquire firearms and firearm ammunition, | ||||||
| |||||||
| |||||||
| 1 | provided, however, that such parent or legal guardian | ||||||
| 2 | is not an
individual prohibited from having a Firearm | ||||||
| 3 | Owner's Identification Card and
files an affidavit | ||||||
| 4 | with the Department as prescribed by the Department
| ||||||
| 5 | stating that he or she is not an individual prohibited | ||||||
| 6 | from having a Card or the active duty member of the | ||||||
| 7 | United States Armed Forces under 18 21 years of age | ||||||
| 8 | annually submits proof to the Department of State | ||||||
| 9 | Police, in a manner prescribed by the Department;
| ||||||
| 10 | (ii) He or she has not been convicted of a felony | ||||||
| 11 | under the laws of
this or any other jurisdiction;
| ||||||
| 12 | (iii) He or she is not addicted to narcotics;
| ||||||
| 13 | (iv) He or she has not been a patient in a mental | ||||||
| 14 | health facility within
the past 5 years or, if he or | ||||||
| 15 | she has been a patient in a mental health facility more | ||||||
| 16 | than 5 years ago submit the certification required | ||||||
| 17 | under subsection (u) of Section 8 of this Act;
| ||||||
| 18 | (v) He or she is not a person with an intellectual | ||||||
| 19 | disability;
| ||||||
| 20 | (vi) He or she is not an alien who is unlawfully | ||||||
| 21 | present in the
United States under the laws of the | ||||||
| 22 | United States;
| ||||||
| 23 | (vii) He or she is not subject to an existing order | ||||||
| 24 | of protection
prohibiting him or her from possessing a | ||||||
| 25 | firearm;
| ||||||
| 26 | (viii) He or she has not been convicted within the | ||||||
| |||||||
| |||||||
| 1 | past 5 years of
battery, assault, aggravated assault, | ||||||
| 2 | violation of an order of
protection, or a substantially | ||||||
| 3 | similar offense in another jurisdiction, in
which a | ||||||
| 4 | firearm was used or possessed;
| ||||||
| 5 | (ix) He or she has not been convicted of domestic | ||||||
| 6 | battery, aggravated domestic battery, or a
| ||||||
| 7 | substantially similar offense in another
jurisdiction | ||||||
| 8 | committed before, on or after January 1, 2012 (the | ||||||
| 9 | effective date of Public Act 97-158). If the applicant | ||||||
| 10 | knowingly and intelligently waives the right to have an | ||||||
| 11 | offense described in this clause (ix) tried by a jury, | ||||||
| 12 | and by guilty plea or otherwise, results in a | ||||||
| 13 | conviction for an offense in which a domestic | ||||||
| 14 | relationship is not a required element of the offense | ||||||
| 15 | but in which a determination of the applicability of 18 | ||||||
| 16 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
| 17 | Code of Criminal Procedure of 1963, an entry by the | ||||||
| 18 | court of a judgment of conviction for that offense | ||||||
| 19 | shall be grounds for denying the issuance of a Firearm | ||||||
| 20 | Owner's Identification Card under this Section;
| ||||||
| 21 | (x) (Blank);
| ||||||
| 22 | (xi) He or she is not an alien who has been | ||||||
| 23 | admitted to the United
States under a non-immigrant | ||||||
| 24 | visa (as that term is defined in Section
101(a)(26) of | ||||||
| 25 | the Immigration and Nationality Act (8 U.S.C. | ||||||
| 26 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
| |||||||
| |||||||
| 1 | been lawfully admitted to the United
States under a | ||||||
| 2 | non-immigrant visa if that alien is:
| ||||||
| 3 | (1) admitted to the United States for lawful | ||||||
| 4 | hunting or sporting
purposes;
| ||||||
| 5 | (2) an official representative of a foreign | ||||||
| 6 | government who is:
| ||||||
| 7 | (A) accredited to the United States | ||||||
| 8 | Government or the Government's
mission to an | ||||||
| 9 | international organization having its | ||||||
| 10 | headquarters in the United
States; or
| ||||||
| 11 | (B) en route to or from another country to | ||||||
| 12 | which that alien is
accredited;
| ||||||
| 13 | (3) an official of a foreign government or | ||||||
| 14 | distinguished foreign
visitor who has been so | ||||||
| 15 | designated by the Department of State;
| ||||||
| 16 | (4) a foreign law enforcement officer of a | ||||||
| 17 | friendly foreign
government entering the United | ||||||
| 18 | States on official business; or
| ||||||
| 19 | (5) one who has received a waiver from the | ||||||
| 20 | Attorney General of the
United States pursuant to | ||||||
| 21 | 18 U.S.C. 922(y)(3);
| ||||||
| 22 | (xii) He or she is not a minor subject to a | ||||||
| 23 | petition filed
under Section 5-520 of the Juvenile | ||||||
| 24 | Court Act of 1987 alleging that the
minor is a | ||||||
| 25 | delinquent minor for the commission of an offense that | ||||||
| 26 | if
committed by an adult would be a felony;
| ||||||
| |||||||
| |||||||
| 1 | (xiii) He or she is not an adult who had been | ||||||
| 2 | adjudicated a delinquent
minor under the Juvenile | ||||||
| 3 | Court Act of 1987 for the commission of an offense
that | ||||||
| 4 | if committed by an adult would be a felony;
| ||||||
| 5 | (xiv) He or she is a resident of the State of | ||||||
| 6 | Illinois; | ||||||
| 7 | (xv) He or she has not been adjudicated as a person | ||||||
| 8 | with a mental disability; | ||||||
| 9 | (xvi) He or she has not been involuntarily admitted | ||||||
| 10 | into a mental health facility; and | ||||||
| 11 | (xvii) He or she is not a person with a | ||||||
| 12 | developmental disability; and | ||||||
| 13 | (3) Upon request by the Department of State Police, | ||||||
| 14 | sign a release on a
form prescribed by the Department of | ||||||
| 15 | State Police waiving any right to
confidentiality and | ||||||
| 16 | requesting the disclosure to the Department of State Police
| ||||||
| 17 | of limited mental health institution admission information | ||||||
| 18 | from another state,
the District of Columbia, any other | ||||||
| 19 | territory of the United States, or a
foreign nation | ||||||
| 20 | concerning the applicant for the sole purpose of | ||||||
| 21 | determining
whether the applicant is or was a patient in a | ||||||
| 22 | mental health institution and
disqualified because of that | ||||||
| 23 | status from receiving a Firearm Owner's
Identification | ||||||
| 24 | Card. No mental health care or treatment records may be
| ||||||
| 25 | requested. The information received shall be destroyed | ||||||
| 26 | within one year of
receipt.
| ||||||
| |||||||
| |||||||
| 1 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
| 2 | Card who is over
the age of 18 shall furnish to the Department | ||||||
| 3 | of State Police either his or
her Illinois driver's license | ||||||
| 4 | number or Illinois Identification Card number, except as
| ||||||
| 5 | provided in subsection (a-10).
| ||||||
| 6 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
| 7 | Card,
who is employed as a law enforcement officer, an armed | ||||||
| 8 | security officer in Illinois, or by the United States Military
| ||||||
| 9 | permanently assigned in Illinois and who is not an Illinois | ||||||
| 10 | resident, shall furnish to
the Department of State Police his | ||||||
| 11 | or her driver's license number or state
identification card | ||||||
| 12 | number from his or her state of residence. The Department
of | ||||||
| 13 | State Police may adopt rules to enforce the provisions of this
| ||||||
| 14 | subsection (a-10).
| ||||||
| 15 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
| 16 | Identification Card moves from the residence address named in | ||||||
| 17 | the application, he or she shall immediately notify in a form | ||||||
| 18 | and manner prescribed by the Department of State Police of that | ||||||
| 19 | change of address. | ||||||
| 20 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
| 21 | Card shall furnish to the Department of State Police his or her | ||||||
| 22 | photograph. An applicant who is 18 21 years of age or older | ||||||
| 23 | seeking a religious exemption to the photograph requirement | ||||||
| 24 | must furnish with the application an approved copy of United | ||||||
| 25 | States Department of the Treasury Internal Revenue Service Form | ||||||
| 26 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
| |||||||
| |||||||
| 1 | seeking a religious exemption to the photograph requirement | ||||||
| 2 | shall submit fingerprints on a form and manner prescribed by | ||||||
| 3 | the Department with his or her application. | ||||||
| 4 | (b) Each application form shall include the following | ||||||
| 5 | statement printed in
bold type: "Warning: Entering false | ||||||
| 6 | information on an application for a Firearm
Owner's | ||||||
| 7 | Identification Card is punishable as a Class 2 felony in | ||||||
| 8 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
| 9 | Owners Identification Card
Act.".
| ||||||
| 10 | (c) Upon such written consent, pursuant to Section 4, | ||||||
| 11 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
| 12 | consent shall be liable for any
damages resulting from the | ||||||
| 13 | applicant's use of firearms or firearm ammunition.
| ||||||
| 14 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
| 15 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
| 16 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
| 17 | of State Police has authority to deny an
application for or to | ||||||
| 18 | revoke and seize a Firearm Owner's Identification
Card | ||||||
| 19 | previously issued under this Act only if the Department finds | ||||||
| 20 | that the
applicant or the person to whom such card was issued | ||||||
| 21 | is or was at the time
of issuance:
| ||||||
| 22 | (a) A person under 18 21 years of age who has been | ||||||
| 23 | convicted of a
misdemeanor other than a traffic offense or | ||||||
| 24 | adjudged delinquent;
| ||||||
| 25 | (b) This subsection (b) applies through the 180th day | ||||||
| |||||||
| |||||||
| 1 | following the effective date of this amendatory Act of the | ||||||
| 2 | 101st General Assembly. A person under 18 21 years of age | ||||||
| 3 | who is not an active duty member of the of the United | ||||||
| 4 | States Armed Forces and does not have the written consent
| ||||||
| 5 | of his parent or guardian to acquire and possess firearms | ||||||
| 6 | and firearm
ammunition, or whose parent or guardian has | ||||||
| 7 | revoked such written consent,
or where such parent or | ||||||
| 8 | guardian does not qualify to have a Firearm Owner's
| ||||||
| 9 | Identification Card; | ||||||
| 10 | (b-5) This subsection (b-5) applies on and after the | ||||||
| 11 | 181st day following the effective date of this amendatory | ||||||
| 12 | Act of the 101st General Assembly. A person under 18 21 | ||||||
| 13 | years of age who is not an active duty member of the United | ||||||
| 14 | States Armed Forces and does not have the written consent
| ||||||
| 15 | of his or her parent or guardian to acquire and possess | ||||||
| 16 | firearms and firearm
ammunition, or whose parent or | ||||||
| 17 | guardian has revoked such written consent,
or where such | ||||||
| 18 | parent or guardian does not qualify to have a Firearm | ||||||
| 19 | Owner's
Identification Card;
| ||||||
| 20 | (c) A person convicted of a felony under the laws of | ||||||
| 21 | this or any other
jurisdiction;
| ||||||
| 22 | (d) A person addicted to narcotics;
| ||||||
| 23 | (e) A person who has been a patient of a mental health | ||||||
| 24 | facility within the
past 5 years or a person who has been a | ||||||
| 25 | patient in a mental health facility more than 5 years ago | ||||||
| 26 | who has not received the certification required under | ||||||
| |||||||
| |||||||
| 1 | subsection (u) of this Section. An active law enforcement | ||||||
| 2 | officer employed by a unit of government who is denied, | ||||||
| 3 | revoked, or has his or her Firearm Owner's Identification | ||||||
| 4 | Card seized under this subsection (e) may obtain relief as | ||||||
| 5 | described in subsection (c-5) of Section 10 of this Act if | ||||||
| 6 | the officer did not act in a manner threatening to the | ||||||
| 7 | officer, another person, or the public as determined by the | ||||||
| 8 | treating clinical psychologist or physician, and the | ||||||
| 9 | officer seeks mental health treatment;
| ||||||
| 10 | (f) A person whose mental condition is of such a nature | ||||||
| 11 | that it poses
a clear and present danger to the applicant, | ||||||
| 12 | any other person or persons or
the community;
| ||||||
| 13 | (g) A person who has an intellectual disability;
| ||||||
| 14 | (h) A person who intentionally makes a false statement | ||||||
| 15 | in the Firearm
Owner's Identification Card application;
| ||||||
| 16 | (i) An alien who is unlawfully present in
the United | ||||||
| 17 | States under the laws of the United States;
| ||||||
| 18 | (i-5) An alien who has been admitted to the United | ||||||
| 19 | States under a
non-immigrant visa (as that term is defined | ||||||
| 20 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
| 21 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
| 22 | (i-5) does not apply to any alien who has been lawfully | ||||||
| 23 | admitted to
the United States under a non-immigrant visa if | ||||||
| 24 | that alien is:
| ||||||
| 25 | (1) admitted to the United States for lawful | ||||||
| 26 | hunting or sporting purposes;
| ||||||
| |||||||
| |||||||
| 1 | (2) an official representative of a foreign | ||||||
| 2 | government who is:
| ||||||
| 3 | (A) accredited to the United States Government | ||||||
| 4 | or the Government's
mission to an international | ||||||
| 5 | organization having its headquarters in the United
| ||||||
| 6 | States; or
| ||||||
| 7 | (B) en route to or from another country to | ||||||
| 8 | which that alien is
accredited;
| ||||||
| 9 | (3) an official of a foreign government or | ||||||
| 10 | distinguished foreign visitor
who has been so | ||||||
| 11 | designated by the Department of State;
| ||||||
| 12 | (4) a foreign law enforcement officer of a friendly | ||||||
| 13 | foreign government
entering the United States on | ||||||
| 14 | official business; or
| ||||||
| 15 | (5) one who has received a waiver from the Attorney | ||||||
| 16 | General of the United
States pursuant to 18 U.S.C. | ||||||
| 17 | 922(y)(3);
| ||||||
| 18 | (j) (Blank);
| ||||||
| 19 | (k) A person who has been convicted within the past 5 | ||||||
| 20 | years of battery,
assault, aggravated assault, violation | ||||||
| 21 | of an order of protection, or a
substantially similar | ||||||
| 22 | offense in another jurisdiction, in which a firearm was
| ||||||
| 23 | used or possessed;
| ||||||
| 24 | (l) A person who has been convicted of domestic | ||||||
| 25 | battery, aggravated domestic battery, or a substantially
| ||||||
| 26 | similar offense in another jurisdiction committed before, | ||||||
| |||||||
| |||||||
| 1 | on or after January 1, 2012 (the effective date of Public | ||||||
| 2 | Act 97-158). If the applicant or person who has been | ||||||
| 3 | previously issued a Firearm Owner's Identification Card | ||||||
| 4 | under this Act knowingly and intelligently waives the right | ||||||
| 5 | to have an offense described in this paragraph (l) tried by | ||||||
| 6 | a jury, and by guilty plea or otherwise, results in a | ||||||
| 7 | conviction for an offense in which a domestic relationship | ||||||
| 8 | is not a required element of the offense but in which a | ||||||
| 9 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
| 10 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
| 11 | Procedure of 1963, an entry by the court of a judgment of | ||||||
| 12 | conviction for that offense shall be grounds for denying an | ||||||
| 13 | application for and for revoking and seizing a Firearm | ||||||
| 14 | Owner's Identification Card previously issued to the | ||||||
| 15 | person under this Act;
| ||||||
| 16 | (m) (Blank);
| ||||||
| 17 | (n) A person who is prohibited from acquiring or | ||||||
| 18 | possessing
firearms or firearm ammunition by any Illinois | ||||||
| 19 | State statute or by federal
law;
| ||||||
| 20 | (o) A minor subject to a petition filed under Section | ||||||
| 21 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
| 22 | minor is a delinquent minor for
the commission of an | ||||||
| 23 | offense that if committed by an adult would be a felony;
| ||||||
| 24 | (p) An adult who had been adjudicated a delinquent | ||||||
| 25 | minor under the Juvenile
Court Act of 1987 for the | ||||||
| 26 | commission of an offense that if committed by an
adult | ||||||
| |||||||
| |||||||
| 1 | would be a felony;
| ||||||
| 2 | (q) A person who is not a resident of the State of | ||||||
| 3 | Illinois, except as provided in subsection (a-10) of | ||||||
| 4 | Section 4; | ||||||
| 5 | (r) A person who has been adjudicated as a person with | ||||||
| 6 | a mental disability; | ||||||
| 7 | (s) A person who has been found to have a developmental | ||||||
| 8 | disability; | ||||||
| 9 | (t) A person involuntarily admitted into a mental | ||||||
| 10 | health facility; or | ||||||
| 11 | (u) A person who has had his or her Firearm Owner's | ||||||
| 12 | Identification Card revoked or denied under subsection (e) | ||||||
| 13 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
| 14 | (a) of Section 4 of this Act because he or she was a | ||||||
| 15 | patient in a mental health facility as provided in | ||||||
| 16 | subsection (e) of this Section, shall not be permitted to | ||||||
| 17 | obtain a Firearm Owner's Identification Card, after the | ||||||
| 18 | 5-year period has lapsed, unless he or she has received a | ||||||
| 19 | mental health evaluation by a physician, clinical | ||||||
| 20 | psychologist, or qualified examiner as those terms are | ||||||
| 21 | defined in the Mental Health and Developmental | ||||||
| 22 | Disabilities Code, and has received a certification that he | ||||||
| 23 | or she is not a clear and present danger to himself, | ||||||
| 24 | herself, or others. The physician, clinical psychologist, | ||||||
| 25 | or qualified examiner making the certification and his or | ||||||
| 26 | her employer shall not be held criminally, civilly, or | ||||||
| |||||||
| |||||||
| 1 | professionally liable for making or not making the | ||||||
| 2 | certification required under this subsection, except for | ||||||
| 3 | willful or wanton misconduct. This subsection does not | ||||||
| 4 | apply to a person whose firearm possession rights have been | ||||||
| 5 | restored through administrative or judicial action under | ||||||
| 6 | Section 10 or 11 of this Act. | ||||||
| 7 | Upon revocation of a person's Firearm Owner's | ||||||
| 8 | Identification Card, the Department of State Police shall | ||||||
| 9 | provide notice to the person and the person shall comply with | ||||||
| 10 | Section 9.5 of this Act. | ||||||
| 11 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
| 12 | Section 10. The Firearm Concealed Carry Act is amended by | ||||||
| 13 | changing Section 25 as follows:
| ||||||
| 14 | (430 ILCS 66/25)
| ||||||
| 15 | Sec. 25. Qualifications for a license. | ||||||
| 16 | The Department shall issue a license to an applicant | ||||||
| 17 | completing an application in accordance with Section 30 of this | ||||||
| 18 | Act if the person: | ||||||
| 19 | (1) is at least 18 21 years of age or is an active duty | ||||||
| 20 | member of the United States Armed Forces; | ||||||
| 21 | (2) has a currently valid Firearm Owner's | ||||||
| 22 | Identification Card and at the time of application meets | ||||||
| 23 | the requirements for the issuance of a Firearm Owner's | ||||||
| 24 | Identification Card and is not prohibited under the Firearm | ||||||
| |||||||
| |||||||
| 1 | Owners Identification Card Act or federal law from | ||||||
| 2 | possessing or receiving a firearm; | ||||||
| 3 | (3) has not been convicted or found guilty in this | ||||||
| 4 | State or in any other state of: | ||||||
| 5 | (A) a misdemeanor involving the use or threat of | ||||||
| 6 | physical force or violence to any person within the 5 | ||||||
| 7 | years preceding the date of the license application; or | ||||||
| 8 | (B) 2 or more violations related to driving while | ||||||
| 9 | under the influence of alcohol, other drug or drugs, | ||||||
| 10 | intoxicating compound or compounds, or any combination | ||||||
| 11 | thereof, within the 5 years preceding the date of the | ||||||
| 12 | license application; | ||||||
| 13 | (4) is not the subject of a pending arrest warrant, | ||||||
| 14 | prosecution, or proceeding for an offense or action that | ||||||
| 15 | could lead to disqualification to own or possess a firearm; | ||||||
| 16 | (5) has not been in residential or court-ordered | ||||||
| 17 | treatment for alcoholism, alcohol detoxification, or drug | ||||||
| 18 | treatment within the 5 years immediately preceding the date | ||||||
| 19 | of the license application; and | ||||||
| 20 | (6) has completed firearms training and any education | ||||||
| 21 | component required under Section 75 of this Act.
| ||||||
| 22 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
| ||||||