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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3538 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/4 | from Ch. 38, par. 83-4 | 430 ILCS 65/8 | from Ch. 38, par. 83-8 |
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Amends the Firearm Owners Identification Card Act. Eliminates provisions that permit a person under 21 years of age who is not an active duty member of the United States Armed Forces to obtain a Firearm Owner's Identification Card with parental consent.
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| | A BILL FOR |
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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,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Sections 4 and 8 as follows:
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| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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| 7 | | Sec. 4. Application for Firearm Owner's Identification |
| 8 | | Cards. |
| 9 | | (a) Each applicant for a Firearm Owner's Identification |
| 10 | | Card must:
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| 11 | | (1) Make application on blank forms prepared and |
| 12 | | furnished at convenient
locations throughout the State by |
| 13 | | the Department of State Police, or by
electronic means, if |
| 14 | | and when made available by the Department of State
Police; |
| 15 | | and
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| 16 | | (2) Submit evidence to the Department of State Police |
| 17 | | that:
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| 18 | | (i) (Blank); This subparagraph (i) applies through |
| 19 | | the 180th day following the effective date of this |
| 20 | | amendatory Act of the 101st General Assembly. He or |
| 21 | | she is 21 years of age or over, or if he or she is |
| 22 | | under 21
years of age that he or she has the written |
| 23 | | consent of his or her parent or
legal guardian to |
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| 1 | | possess and acquire firearms and firearm ammunition |
| 2 | | and that
he or she has never been convicted of a |
| 3 | | misdemeanor other than a traffic
offense or adjudged
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| 4 | | delinquent, provided, however, that such parent or |
| 5 | | legal guardian is not an
individual prohibited from |
| 6 | | having a Firearm Owner's Identification Card and
files |
| 7 | | an affidavit with the Department as prescribed by the |
| 8 | | Department
stating that he or she is not an individual |
| 9 | | prohibited from having a Card; |
| 10 | | (i-5) This subparagraph (i-5) applies on and after |
| 11 | | the 181st day following the effective date of this |
| 12 | | amendatory Act of the 101st General Assembly. He or |
| 13 | | she is 21 years of age or over, or if he or she is |
| 14 | | under 21
years of age that he or she has never been |
| 15 | | convicted of a misdemeanor other than a traffic |
| 16 | | offense or adjudged delinquent and is an active duty |
| 17 | | member of the United States Armed Forces; provided, |
| 18 | | however that or has the written consent of his or her |
| 19 | | parent or
legal guardian to possess and acquire |
| 20 | | firearms and firearm ammunition, provided, however, |
| 21 | | that such parent or legal guardian is not an
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| 22 | | individual prohibited from having a Firearm Owner's |
| 23 | | Identification Card and
files an affidavit with the |
| 24 | | Department as prescribed by the Department
stating |
| 25 | | that he or she is not an individual prohibited from |
| 26 | | having a Card or the active duty member of the United |
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| 1 | | States Armed Forces under 21 years of age annually |
| 2 | | submits proof to the Department of State Police, in a |
| 3 | | manner prescribed by the Department;
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| 4 | | (ii) He or she has not been convicted of a felony |
| 5 | | under the laws of
this or any other jurisdiction;
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| 6 | | (iii) He or she is not addicted to narcotics;
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| 7 | | (iv) He or she has not been a patient in a mental |
| 8 | | health facility within
the past 5 years or, if he or |
| 9 | | she has been a patient in a mental health facility more |
| 10 | | than 5 years ago submit the certification required |
| 11 | | under subsection (u) of Section 8 of this Act;
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| 12 | | (v) He or she is not a person with an intellectual |
| 13 | | disability;
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| 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;
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| 17 | | (vii) He or she is not subject to an existing order |
| 18 | | of protection
prohibiting him or her from possessing a |
| 19 | | firearm;
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| 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 |
| 23 | | substantially similar offense in another jurisdiction, |
| 24 | | in
which a firearm was used or possessed;
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| 25 | | (ix) He or she has not been convicted of domestic |
| 26 | | battery, aggravated domestic battery, or a
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| 1 | | substantially similar offense in another
jurisdiction |
| 2 | | committed before, on or after January 1, 2012 (the |
| 3 | | effective date of Public Act 97-158). If the applicant |
| 4 | | knowingly and intelligently waives the right to have |
| 5 | | an offense described in this clause (ix) tried by a |
| 6 | | jury, and by guilty plea or otherwise, results in a |
| 7 | | conviction for an offense in which a domestic |
| 8 | | relationship is not a required element of the offense |
| 9 | | but in which a determination of the applicability of |
| 10 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
| 11 | | the Code of Criminal Procedure of 1963, an entry by the |
| 12 | | court of a judgment of conviction for that offense |
| 13 | | shall be grounds for denying the issuance of a Firearm |
| 14 | | Owner's Identification Card under this Section;
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| 15 | | (x) (Blank);
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| 16 | | (xi) He or she is not an alien who has been |
| 17 | | admitted to the United
States under a non-immigrant |
| 18 | | visa (as that term is defined in Section
101(a)(26) of |
| 19 | | the Immigration and Nationality Act (8 U.S.C. |
| 20 | | 1101(a)(26))),
or that he or she is an alien who has |
| 21 | | been lawfully admitted to the United
States under a |
| 22 | | non-immigrant visa if that alien is:
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| 23 | | (1) admitted to the United States for lawful |
| 24 | | hunting or sporting
purposes;
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| 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 |
| 4 | | headquarters in the United
States; or
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| 5 | | (B) en route to or from another country to |
| 6 | | which that alien is
accredited;
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| 7 | | (3) an official of a foreign government or |
| 8 | | distinguished foreign
visitor who has been so |
| 9 | | designated by the Department of State;
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| 10 | | (4) a foreign law enforcement officer of a |
| 11 | | friendly foreign
government entering the United |
| 12 | | States on official business; or
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| 13 | | (5) one who has received a waiver from the |
| 14 | | Attorney General of the
United States pursuant to |
| 15 | | 18 U.S.C. 922(y)(3);
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| 16 | | (xii) He or she is not a minor subject to a |
| 17 | | petition filed
under Section 5-520 of the Juvenile |
| 18 | | Court Act of 1987 alleging that the
minor is a |
| 19 | | delinquent minor for the commission of an offense that |
| 20 | | if
committed by an adult would be a felony;
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| 21 | | (xiii) He or she is not an adult who had been |
| 22 | | adjudicated a delinquent
minor under the Juvenile |
| 23 | | Court Act of 1987 for the commission of an offense
that |
| 24 | | if committed by an adult would be a felony;
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| 25 | | (xiv) He or she is a resident of the State of |
| 26 | | Illinois; |
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| 1 | | (xv) He or she has not been adjudicated as a person |
| 2 | | with a mental disability; |
| 3 | | (xvi) He or she has not been involuntarily |
| 4 | | admitted into a mental health facility; and |
| 5 | | (xvii) He or she is not a person with a |
| 6 | | developmental disability; and |
| 7 | | (3) Upon request by the Department of State Police, |
| 8 | | sign a release on a
form prescribed by the Department of |
| 9 | | State Police waiving any right to
confidentiality and |
| 10 | | requesting the disclosure to the Department of State |
| 11 | | Police
of limited mental health institution admission |
| 12 | | information from another state,
the District of Columbia, |
| 13 | | any other territory of the United States, or a
foreign |
| 14 | | nation concerning the applicant for the sole purpose of |
| 15 | | determining
whether the applicant is or was a patient in a |
| 16 | | mental health institution and
disqualified because of that |
| 17 | | status from receiving a Firearm Owner's
Identification |
| 18 | | Card. No mental health care or treatment records may be
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| 19 | | requested. The information received shall be destroyed |
| 20 | | within one year of
receipt.
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| 21 | | (a-5) Each applicant for a Firearm Owner's Identification |
| 22 | | Card who is over
the age of 18 shall furnish to the Department |
| 23 | | of State Police either his or
her Illinois driver's license |
| 24 | | number or Illinois Identification Card number, except as
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| 25 | | provided in subsection (a-10).
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| 26 | | (a-10) Each applicant for a Firearm Owner's Identification |
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| 1 | | Card,
who is employed as a law enforcement officer, an armed |
| 2 | | security officer in Illinois, or by the United States Military
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| 3 | | permanently assigned in Illinois and who is not an Illinois |
| 4 | | resident, shall furnish to
the Department of State Police his |
| 5 | | or her driver's license number or state
identification card |
| 6 | | number from his or her state of residence. The Department
of |
| 7 | | State Police may adopt rules to enforce the provisions of this
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| 8 | | subsection (a-10).
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| 9 | | (a-15) If an applicant applying for a Firearm Owner's |
| 10 | | Identification Card moves from the residence address named in |
| 11 | | the application, he or she shall immediately notify in a form |
| 12 | | and manner prescribed by the Department of State Police of |
| 13 | | that change of address. |
| 14 | | (a-20) Each applicant for a Firearm Owner's Identification |
| 15 | | Card shall furnish to the Department of State Police his or her |
| 16 | | photograph. An applicant who is 21 years of age or older |
| 17 | | seeking a religious exemption to the photograph requirement |
| 18 | | must furnish with the application an approved copy of United |
| 19 | | States Department of the Treasury Internal Revenue Service |
| 20 | | Form 4029. In lieu of a photograph, an applicant regardless of |
| 21 | | age seeking a religious exemption to the photograph |
| 22 | | requirement shall submit fingerprints on a form and manner |
| 23 | | prescribed by the Department with his or her application. |
| 24 | | (b) Each application form shall include the following |
| 25 | | statement printed in
bold type: "Warning: Entering false |
| 26 | | information on an application for a Firearm
Owner's |
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| 1 | | Identification Card is punishable as a Class 2 felony in |
| 2 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
| 3 | | Owners Identification Card
Act.".
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| 4 | | (c) Upon such written consent, pursuant to Section 4, |
| 5 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| 6 | | consent shall be liable for any
damages resulting from the |
| 7 | | applicant's use of firearms or firearm ammunition.
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| 8 | | (Source: P.A. 101-80, eff. 7-12-19.)
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| 9 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 10 | | Sec. 8. Grounds for denial and revocation. The Department |
| 11 | | of State Police has authority to deny an
application for or to |
| 12 | | revoke and seize a Firearm Owner's Identification
Card |
| 13 | | previously issued under this Act only if the Department finds |
| 14 | | that the
applicant or the person to whom such card was issued |
| 15 | | is or was at the time
of issuance:
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| 16 | | (a) A person under 21 years of age who has been |
| 17 | | convicted of a
misdemeanor other than a traffic offense or |
| 18 | | adjudged delinquent;
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| 19 | | (b) (Blank); This subsection (b) applies through the |
| 20 | | 180th day following the effective date of this amendatory |
| 21 | | Act of the 101st General Assembly. A person under 21 years |
| 22 | | of age who does not have the written consent
of his parent |
| 23 | | or guardian to acquire and possess firearms and firearm
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| 24 | | ammunition, or whose parent or guardian has revoked such |
| 25 | | written consent,
or where such parent or guardian does not |
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| 1 | | qualify to have a Firearm Owner's
Identification Card; |
| 2 | | (b-5) This subsection (b-5) applies on and after the |
| 3 | | 181st day following the effective date of this amendatory |
| 4 | | Act of the 101st General Assembly. A person under 21 years |
| 5 | | of age who is not an active duty member of the United |
| 6 | | States Armed Forces and does not have the written consent
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| 7 | | of his or her parent or guardian to acquire and possess |
| 8 | | firearms and firearm
ammunition, or whose parent or |
| 9 | | guardian has revoked such written consent,
or where such |
| 10 | | parent or guardian does not qualify to have a Firearm |
| 11 | | Owner's
Identification Card;
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| 12 | | (c) A person convicted of a felony under the laws of |
| 13 | | this or any other
jurisdiction;
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| 14 | | (d) A person addicted to narcotics;
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| 15 | | (e) A person who has been a patient of a mental health |
| 16 | | facility within the
past 5 years or a person who has been a |
| 17 | | patient in a mental health facility more than 5 years ago |
| 18 | | who has not received the certification required under |
| 19 | | subsection (u) of this Section. An active law enforcement |
| 20 | | officer employed by a unit of government who is denied, |
| 21 | | revoked, or has his or her Firearm Owner's Identification |
| 22 | | Card seized under this subsection (e) may obtain relief as |
| 23 | | described in subsection (c-5) of Section 10 of this Act if |
| 24 | | the officer did not act in a manner threatening to the |
| 25 | | officer, another person, or the public as determined by |
| 26 | | the treating clinical psychologist or physician, and the |
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| 1 | | officer seeks mental health treatment;
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| 2 | | (f) A person whose mental condition is of such a |
| 3 | | nature that it poses
a clear and present danger to the |
| 4 | | applicant, any other person or persons or
the community;
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| 5 | | (g) A person who has an intellectual disability;
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| 6 | | (h) A person who intentionally makes a false statement |
| 7 | | in the Firearm
Owner's Identification Card application;
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| 8 | | (i) An alien who is unlawfully present in
the United |
| 9 | | States under the laws of the United States;
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| 10 | | (i-5) An alien who has been admitted to the United |
| 11 | | States under a
non-immigrant visa (as that term is defined |
| 12 | | in Section 101(a)(26) of the
Immigration and Nationality |
| 13 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
| 14 | | (i-5) does not apply to any alien who has been lawfully |
| 15 | | admitted to
the United States under a non-immigrant visa |
| 16 | | if that alien is:
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| 17 | | (1) admitted to the United States for lawful |
| 18 | | hunting or sporting purposes;
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| 19 | | (2) an official representative of a foreign |
| 20 | | government who is:
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| 21 | | (A) accredited to the United States Government |
| 22 | | or the Government's
mission to an international |
| 23 | | organization having its headquarters in the United
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| 24 | | States; or
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| 25 | | (B) en route to or from another country to |
| 26 | | which 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 |
| 3 | | designated by the Department of State;
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| 4 | | (4) a foreign law enforcement officer of a |
| 5 | | friendly foreign government
entering the United States |
| 6 | | on official business; or
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| 7 | | (5) one who has received a waiver from the |
| 8 | | Attorney General of the United
States pursuant to 18 |
| 9 | | U.S.C. 922(y)(3);
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| 10 | | (j) (Blank);
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| 11 | | (k) A person who has been convicted within the past 5 |
| 12 | | years of battery,
assault, aggravated assault, violation |
| 13 | | of an order of protection, or a
substantially similar |
| 14 | | offense in another jurisdiction, in which a firearm was
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| 15 | | used or possessed;
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| 16 | | (l) A person who has been convicted of domestic |
| 17 | | battery, aggravated domestic battery, or a substantially
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| 18 | | similar offense in another jurisdiction committed before, |
| 19 | | on or after January 1, 2012 (the effective date of Public |
| 20 | | Act 97-158). If the applicant or person who has been |
| 21 | | previously issued a Firearm Owner's Identification Card |
| 22 | | under this Act knowingly and intelligently waives the |
| 23 | | right to have an offense described in this paragraph (l) |
| 24 | | tried by a jury, and by guilty plea or otherwise, results |
| 25 | | in a conviction for an offense in which a domestic |
| 26 | | relationship is not a required element of the offense but |
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| 1 | | in which a determination of the applicability of 18 U.S.C. |
| 2 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
| 3 | | Criminal Procedure of 1963, an entry by the court of a |
| 4 | | judgment of conviction for that offense shall be grounds |
| 5 | | for denying an application for and for revoking and |
| 6 | | seizing a Firearm Owner's Identification Card previously |
| 7 | | issued to the person under this Act;
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| 8 | | (m) (Blank);
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| 9 | | (n) A person who is prohibited from acquiring or |
| 10 | | possessing
firearms or firearm ammunition by any Illinois |
| 11 | | State statute or by federal
law;
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| 12 | | (o) A minor subject to a petition filed under Section |
| 13 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
| 14 | | minor is a delinquent minor for
the commission of an |
| 15 | | offense that if committed by an adult would be a felony;
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| 16 | | (p) An adult who had been adjudicated a delinquent |
| 17 | | minor under the Juvenile
Court Act of 1987 for the |
| 18 | | commission of an offense that if committed by an
adult |
| 19 | | would be a felony;
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| 20 | | (q) A person who is not a resident of the State of |
| 21 | | Illinois, except as provided in subsection (a-10) of |
| 22 | | Section 4; |
| 23 | | (r) A person who has been adjudicated as a person with |
| 24 | | a mental disability; |
| 25 | | (s) A person who has been found to have a |
| 26 | | developmental disability; |
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| 1 | | (t) A person involuntarily admitted into a mental |
| 2 | | health facility; or |
| 3 | | (u) A person who has had his or her Firearm Owner's |
| 4 | | Identification Card revoked or denied under subsection (e) |
| 5 | | of this Section or item (iv) of paragraph (2) of |
| 6 | | subsection (a) of Section 4 of this Act because he or she |
| 7 | | was a patient in a mental health facility as provided in |
| 8 | | subsection (e) of this Section, shall not be permitted to |
| 9 | | obtain a Firearm Owner's Identification Card, after the |
| 10 | | 5-year period has lapsed, unless he or she has received a |
| 11 | | mental health evaluation by a physician, clinical |
| 12 | | psychologist, or qualified examiner as those terms are |
| 13 | | defined in the Mental Health and Developmental |
| 14 | | Disabilities Code, and has received a certification that |
| 15 | | he or she is not a clear and present danger to himself, |
| 16 | | herself, or others. The physician, clinical psychologist, |
| 17 | | or qualified examiner making the certification and his or |
| 18 | | her employer shall not be held criminally, civilly, or |
| 19 | | professionally liable for making or not making the |
| 20 | | certification required under this subsection, except for |
| 21 | | willful or wanton misconduct. This subsection does not |
| 22 | | apply to a person whose firearm possession rights have |
| 23 | | been restored through administrative or judicial action |
| 24 | | under Section 10 or 11 of this Act. |
| 25 | | Upon revocation of a person's Firearm Owner's |
| 26 | | Identification Card, the Department of State Police shall |