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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 | ||||||||||||||||||||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | disability | ||||||
| 10 | This disability results in the professional opinion of a | ||||||
| 11 | physician, clinical psychologist, or qualified examiner, in | ||||||
| 12 | significant functional limitations in 3 or more of the | ||||||
| 13 | following areas of major life activity: | ||||||
| 14 | (i) self-care; | ||||||
| 15 | (ii) receptive and expressive language; | ||||||
| 16 | (iii) learning; | ||||||
| 17 | (iv) mobility; or | ||||||
| 18 | (v) self-direction. | ||||||
| 19 | "Federally licensed firearm dealer" means a person who is | ||||||
| 20 | licensed as a federal firearms dealer under Section 923 of the | ||||||
| 21 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
| 22 | "Firearm" means any device, by
whatever name known, which | ||||||
| 23 | is designed to expel a projectile or projectiles
by the action | ||||||
| 24 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
| 25 | however:
| ||||||
| 26 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| |||||||
| |||||||
| 1 | B-B gun which
expels a single globular projectile not | ||||||
| 2 | exceeding .18 inch in
diameter or which has a maximum | ||||||
| 3 | muzzle velocity of less than 700 feet
per second;
| ||||||
| 4 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| 5 | B-B gun which expels breakable paint balls containing | ||||||
| 6 | washable marking colors;
| ||||||
| 7 | (2) any device used exclusively for signalling or | ||||||
| 8 | safety and required or
recommended by the United States | ||||||
| 9 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
| 10 | (3) any device used exclusively for the firing of stud | ||||||
| 11 | cartridges,
explosive rivets or similar industrial | ||||||
| 12 | ammunition; and
| ||||||
| 13 | (4) an antique firearm (other than a machine-gun) | ||||||
| 14 | which, although
designed as a weapon, the Department of | ||||||
| 15 | State Police finds by reason of
the date of its | ||||||
| 16 | manufacture, value, design, and other characteristics is
| ||||||
| 17 | primarily a collector's item and is not likely to be used | ||||||
| 18 | as a weapon.
| ||||||
| 19 | "Firearm ammunition" means any self-contained cartridge or | ||||||
| 20 | shotgun
shell, by whatever name known, which is designed to be | ||||||
| 21 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
| 22 | (1) any ammunition exclusively designed for use with a | ||||||
| 23 | device used
exclusively for signalling or safety and | ||||||
| 24 | required or recommended by the
United States Coast Guard or | ||||||
| 25 | the Interstate Commerce Commission; and
| ||||||
| 26 | (2) any ammunition designed exclusively for use with a | ||||||
| |||||||
| |||||||
| 1 | stud or rivet
driver or other similar industrial | ||||||
| 2 | ammunition. | ||||||
| 3 | "Gun show" means an event or function: | ||||||
| 4 | (1) at which the sale and transfer of firearms is the | ||||||
| 5 | regular and normal course of business and where 50 or more | ||||||
| 6 | firearms are displayed, offered, or exhibited for sale, | ||||||
| 7 | transfer, or exchange; or | ||||||
| 8 | (2) at which not less than 10 gun show vendors display, | ||||||
| 9 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
| 10 | firearms.
| ||||||
| 11 | "Gun show" includes the entire premises provided for an | ||||||
| 12 | event or function, including parking areas for the event or | ||||||
| 13 | function, that is sponsored to facilitate the purchase, sale, | ||||||
| 14 | transfer, or exchange of firearms as described in this Section.
| ||||||
| 15 | Nothing in this definition shall be construed to exclude a gun | ||||||
| 16 | show held in conjunction with competitive shooting events at | ||||||
| 17 | the World Shooting Complex sanctioned by a national governing | ||||||
| 18 | body in which the sale or transfer of firearms is authorized | ||||||
| 19 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
| 20 | Section 24-3 of the Criminal Code of 2012. | ||||||
| 21 | Unless otherwise expressly stated, "gun show" does not | ||||||
| 22 | include training or safety classes, competitive shooting | ||||||
| 23 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
| 24 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
| 25 | any other event where the sale or transfer of firearms is not | ||||||
| 26 | the primary course of business. | ||||||
| |||||||
| |||||||
| 1 | "Gun show promoter" means a person who organizes or | ||||||
| 2 | operates a gun show. | ||||||
| 3 | "Gun show vendor" means a person who exhibits, sells, | ||||||
| 4 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
| 5 | show, regardless of whether the person arranges with a gun show | ||||||
| 6 | promoter for a fixed location from which to exhibit, sell, | ||||||
| 7 | offer for sale, transfer, or exchange any firearm. | ||||||
| 8 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
| 9 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
| 10 | Developmental Disabilities Code. | ||||||
| 11 | "Mental health facility" means any licensed private | ||||||
| 12 | hospital or hospital affiliate, institution, or facility, or | ||||||
| 13 | part thereof, and any facility, or part thereof, operated by | ||||||
| 14 | the State or a political subdivision thereof which provide | ||||||
| 15 | treatment of persons with mental illness and includes all | ||||||
| 16 | hospitals, institutions, clinics, evaluation facilities, | ||||||
| 17 | mental health centers, colleges, universities, long-term care | ||||||
| 18 | facilities, and nursing homes, or parts thereof, which provide | ||||||
| 19 | treatment of persons with mental illness whether or not the | ||||||
| 20 | primary purpose is to provide treatment of persons with mental | ||||||
| 21 | illness. | ||||||
| 22 | "National governing body" means a group of persons who | ||||||
| 23 | adopt rules and formulate policy on behalf of a national | ||||||
| 24 | firearm sporting organization. | ||||||
| 25 | "Patient" means: | ||||||
| 26 | (1) a person who voluntarily receives mental health | ||||||
| |||||||
| |||||||
| 1 | treatment as an in-patient or resident of any public or | ||||||
| 2 | private mental health facility, unless the treatment was | ||||||
| 3 | solely for an alcohol abuse disorder and no other secondary | ||||||
| 4 | substance abuse disorder or mental illness; or | ||||||
| 5 | (2) a person who voluntarily receives mental health | ||||||
| 6 | treatment as an out-patient or is provided services by a | ||||||
| 7 | public or private mental health facility, and who poses a | ||||||
| 8 | clear and present danger to himself, herself, or to others. | ||||||
| 9 | "Person with a developmental disability" means a person | ||||||
| 10 | with a disability which is attributable to any other condition | ||||||
| 11 | which results in impairment similar to that caused by an | ||||||
| 12 | intellectual disability and which requires services similar to | ||||||
| 13 | those required by persons with intellectual disabilities. The | ||||||
| 14 | disability must originate before the age of 18
years, be | ||||||
| 15 | expected to continue indefinitely, and constitute a | ||||||
| 16 | substantial disability. This disability results, in the | ||||||
| 17 | professional opinion of a physician, clinical psychologist, or | ||||||
| 18 | qualified examiner, in significant functional limitations in 3 | ||||||
| 19 | or more of the following areas of major life activity: | ||||||
| 20 | (i) self-care; | ||||||
| 21 | (ii) receptive and expressive language; | ||||||
| 22 | (iii) learning; | ||||||
| 23 | (iv) mobility; or | ||||||
| 24 | (v) self-direction. | ||||||
| 25 | "Person with an intellectual disability" means a person | ||||||
| 26 | with a significantly subaverage general intellectual | ||||||
| |||||||
| |||||||
| 1 | functioning which exists concurrently with impairment in | ||||||
| 2 | adaptive behavior and which originates before the age of 18 | ||||||
| 3 | years. | ||||||
| 4 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
| 5 | the Mental Health and Developmental Disabilities Code. | ||||||
| 6 | "Qualified examiner" has the meaning provided in Section | ||||||
| 7 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
| 8 | "Sanctioned competitive shooting event" means a shooting | ||||||
| 9 | contest officially recognized by a national or state shooting | ||||||
| 10 | sport association, and includes any sight-in or practice | ||||||
| 11 | conducted in conjunction with the event.
| ||||||
| 12 | "School administrator" means the person required to report | ||||||
| 13 | under the School Administrator Reporting of Mental Health Clear | ||||||
| 14 | and Present Danger Determinations Law. | ||||||
| 15 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
| 16 | Section 24-1 of the Criminal Code of 2012. | ||||||
| 17 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
| 18 | eff. 7-27-15; revised 10-20-15.)
| ||||||
| 19 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
| 20 | Sec. 3.1. Firearm transfer inquiry program Dial up system. | ||||||
| 21 | (a) The Department of State Police shall provide
a firearm | ||||||
| 22 | transfer inquiry program consisting of a dial up telephone | ||||||
| 23 | system or utilize other existing technology which shall be used | ||||||
| 24 | by any federally licensed
firearm dealer, gun show promoter, or | ||||||
| 25 | gun show vendor who is to transfer a firearm, stun gun, or | ||||||
| |||||||
| |||||||
| 1 | taser under the provisions of this
Act. The Department of State | ||||||
| 2 | Police may utilize existing technology which
allows the caller | ||||||
| 3 | to be charged a fee not to exceed $2. Fees collected by the | ||||||
| 4 | Department of
State Police shall be deposited in the State | ||||||
| 5 | Police Services Fund and used
to provide the service.
| ||||||
| 6 | (b) Upon receiving a request from a federally licensed | ||||||
| 7 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
| 8 | Department of State Police shall immediately approve, or within | ||||||
| 9 | the time
period established by Section 24-3 of the Criminal | ||||||
| 10 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
| 11 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
| 12 | show vendor of any objection that
would disqualify the | ||||||
| 13 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
| 14 | taser. In
conducting the inquiry, the Department of State | ||||||
| 15 | Police shall initiate and
complete an automated search of its | ||||||
| 16 | criminal history record information
files and those of the | ||||||
| 17 | Federal Bureau of Investigation, including the
National | ||||||
| 18 | Instant Criminal Background Check System, and of the files of
| ||||||
| 19 | the Department of Human Services relating to mental health and
| ||||||
| 20 | developmental disabilities to obtain
any felony conviction or | ||||||
| 21 | patient hospitalization information which would
disqualify a | ||||||
| 22 | person from obtaining or require revocation of a currently
| ||||||
| 23 | valid Firearm Owner's Identification Card. | ||||||
| 24 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
| 25 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
| 26 | Department of State Police shall: | ||||||
| |||||||
| |||||||
| 1 | (1) assign a unique identification number to the | ||||||
| 2 | transfer; and | ||||||
| 3 | (2) provide the licensee, gun show promoter, or gun | ||||||
| 4 | show vendor with the number. | ||||||
| 5 | (d) Approvals issued by the Department of State Police for | ||||||
| 6 | the purchase of a firearm are valid for 30 days from the date | ||||||
| 7 | of issue.
| ||||||
| 8 | (e) (1) The Department of State Police must act as the | ||||||
| 9 | Illinois Point of Contact
for the National Instant Criminal | ||||||
| 10 | Background Check System. | ||||||
| 11 | (2) The Department of State Police and the Department of | ||||||
| 12 | Human Services shall, in accordance with State and federal law | ||||||
| 13 | regarding confidentiality, enter into a memorandum of | ||||||
| 14 | understanding with the Federal Bureau of Investigation for the | ||||||
| 15 | purpose of implementing the National Instant Criminal | ||||||
| 16 | Background Check System in the State. The Department of State | ||||||
| 17 | Police shall report the name, date of birth, and physical | ||||||
| 18 | description of any person prohibited from possessing a firearm | ||||||
| 19 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
| 20 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
| 21 | Background Check System Index, Denied Persons Files.
| ||||||
| 22 | (3) The Department of State Police shall, within 3 business | ||||||
| 23 | days, provide notice of the disqualification of a person under | ||||||
| 24 | subsection (b) of this Section or the revocation of a person's | ||||||
| 25 | Firearm Owner's Identification Card under Section 8 of this | ||||||
| 26 | Act, and the reason for the disqualification or revocation, to | ||||||
| |||||||
| |||||||
| 1 | all law enforcement agencies with jurisdiction to assist with | ||||||
| 2 | the seizure of the person's Firearm Owner's Identification | ||||||
| 3 | Card. | ||||||
| 4 | (f) The Department of State Police shall adopt rules not | ||||||
| 5 | inconsistent with this Section to implement this
system.
| ||||||
| 6 | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| ||||||
| 7 | (430 ILCS 65/3.3)
| ||||||
| 8 | Sec. 3.3. Report to the local law enforcement agency; | ||||||
| 9 | notification to the Federal Bureau of Investigation. | ||||||
| 10 | (a) The Department of
State Police must report the name and | ||||||
| 11 | address
of a person to the local law enforcement agency where | ||||||
| 12 | the person resides if the
person attempting to purchase a | ||||||
| 13 | firearm is disqualified from purchasing a
firearm because of | ||||||
| 14 | information obtained
under subsection (a-10) of Section 3 or | ||||||
| 15 | Section 3.1 that would disqualify the person from obtaining a | ||||||
| 16 | Firearm Owner's Identification Card under any of subsections | ||||||
| 17 | (c) through (n) of Section 8 of this Act.
| ||||||
| 18 | (b) The Department of State Police may notify the Federal | ||||||
| 19 | Bureau of Investigation when a person named on the consolidated | ||||||
| 20 | Terrorist Watchlist maintained by the Terrorist Screening | ||||||
| 21 | Center administrated by the Federal Bureau of Investigation is | ||||||
| 22 | making application for a Firearm Owner's Identification Card. | ||||||
| 23 | (Source: P.A. 98-508, eff. 8-19-13.)
| ||||||
| 24 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
| 2 | of State Police has authority to deny an
application for or to | ||||||
| 3 | revoke and seize a Firearm Owner's Identification
Card | ||||||
| 4 | previously issued under this Act only if the Department finds | ||||||
| 5 | that the
applicant or the person to whom such card was issued | ||||||
| 6 | is or was at the time
of issuance:
| ||||||
| 7 | (a) A person under 21 years of age who has been | ||||||
| 8 | convicted of a
misdemeanor other than a traffic offense or | ||||||
| 9 | adjudged delinquent;
| ||||||
| 10 | (b) A person under 21 years of age who does not have | ||||||
| 11 | the written consent
of his parent or guardian to acquire | ||||||
| 12 | and possess firearms and firearm
ammunition, or whose | ||||||
| 13 | parent or guardian has revoked such written consent,
or | ||||||
| 14 | where such parent or guardian does not qualify to have a | ||||||
| 15 | Firearm Owner's
Identification Card;
| ||||||
| 16 | (c) A person convicted of a felony under the laws of | ||||||
| 17 | this or any other
jurisdiction;
| ||||||
| 18 | (d) A person addicted to narcotics;
| ||||||
| 19 | (e) A person who has been a patient of a mental health | ||||||
| 20 | facility within the
past 5 years or a person who has been a | ||||||
| 21 | patient in a mental health facility more than 5 years ago | ||||||
| 22 | who has not received the certification required under | ||||||
| 23 | subsection (u) of this Section. An active law enforcement | ||||||
| 24 | officer employed by a unit of government who is denied, | ||||||
| 25 | revoked, or has his or her Firearm Owner's Identification | ||||||
| 26 | Card seized under this subsection (e) may obtain relief as | ||||||
| |||||||
| |||||||
| 1 | described in subsection (c-5) of Section 10 of this Act if | ||||||
| 2 | the officer did not act in a manner threatening to the | ||||||
| 3 | officer, another person, or the public as determined by the | ||||||
| 4 | treating clinical psychologist or physician, and the | ||||||
| 5 | officer seeks mental health treatment;
| ||||||
| 6 | (f) A person whose mental condition is of such a nature | ||||||
| 7 | that it poses
a clear and present danger to the applicant, | ||||||
| 8 | any other person or persons or
the community;
| ||||||
| 9 | (g) A person who has an intellectual disability;
| ||||||
| 10 | (h) A person who intentionally makes a false statement | ||||||
| 11 | in the Firearm
Owner's Identification Card application;
| ||||||
| 12 | (i) An alien who is unlawfully present in
the United | ||||||
| 13 | States under the laws of the United States;
| ||||||
| 14 | (i-5) An alien who has been admitted to the United | ||||||
| 15 | States under a
non-immigrant visa (as that term is defined | ||||||
| 16 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
| 17 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
| 18 | (i-5) does not apply to any alien who has been lawfully | ||||||
| 19 | admitted to
the United States under a non-immigrant visa if | ||||||
| 20 | that alien is:
| ||||||
| 21 | (1) admitted to the United States for lawful | ||||||
| 22 | hunting or sporting purposes;
| ||||||
| 23 | (2) an official representative of a foreign | ||||||
| 24 | government who is:
| ||||||
| 25 | (A) accredited to the United States Government | ||||||
| 26 | or the Government's
mission to an international | ||||||
| |||||||
| |||||||
| 1 | organization having its headquarters in the United
| ||||||
| 2 | States; or
| ||||||
| 3 | (B) en route to or from another country to | ||||||
| 4 | which that alien is
accredited;
| ||||||
| 5 | (3) an official of a foreign government or | ||||||
| 6 | distinguished foreign visitor
who has been so | ||||||
| 7 | designated by the Department of State;
| ||||||
| 8 | (4) a foreign law enforcement officer of a friendly | ||||||
| 9 | foreign government
entering the United States on | ||||||
| 10 | official business; or
| ||||||
| 11 | (5) one who has received a waiver from the Attorney | ||||||
| 12 | General of the United
States pursuant to 18 U.S.C. | ||||||
| 13 | 922(y)(3);
| ||||||
| 14 | (j) (Blank);
| ||||||
| 15 | (k) A person who has been convicted within the past 5 | ||||||
| 16 | years of battery,
assault, aggravated assault, violation | ||||||
| 17 | of an order of protection, or a
substantially similar | ||||||
| 18 | offense in another jurisdiction, in which a firearm was
| ||||||
| 19 | used or possessed;
| ||||||
| 20 | (l) A person who has been convicted of domestic | ||||||
| 21 | battery, aggravated domestic battery, or a substantially
| ||||||
| 22 | similar offense in another jurisdiction committed before, | ||||||
| 23 | on or after January 1, 2012 (the effective date of Public | ||||||
| 24 | Act 97-158). If the applicant or person who has been | ||||||
| 25 | previously issued a Firearm Owner's Identification Card | ||||||
| 26 | under this Act knowingly and intelligently waives the right | ||||||
| |||||||
| |||||||
| 1 | to have an offense described in this paragraph (l) tried by | ||||||
| 2 | a jury, and by guilty plea or otherwise, results in a | ||||||
| 3 | conviction for an offense in which a domestic relationship | ||||||
| 4 | is not a required element of the offense but in which a | ||||||
| 5 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
| 6 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
| 7 | Procedure of 1963, an entry by the court of a judgment of | ||||||
| 8 | conviction for that offense shall be grounds for denying an | ||||||
| 9 | application for and for revoking and seizing a Firearm | ||||||
| 10 | Owner's Identification Card previously issued to the | ||||||
| 11 | person under this Act;
| ||||||
| 12 | (m) (Blank);
| ||||||
| 13 | (n) A person who is prohibited from acquiring or | ||||||
| 14 | possessing
firearms or firearm ammunition by any Illinois | ||||||
| 15 | State statute or by federal
law;
| ||||||
| 16 | (o) A minor subject to a petition filed under Section | ||||||
| 17 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
| 18 | minor is a delinquent minor for
the commission of an | ||||||
| 19 | offense that if committed by an adult would be a felony;
| ||||||
| 20 | (p) An adult who had been adjudicated a delinquent | ||||||
| 21 | minor under the Juvenile
Court Act of 1987 for the | ||||||
| 22 | commission of an offense that if committed by an
adult | ||||||
| 23 | would be a felony;
| ||||||
| 24 | (q) A person who is not a resident of the State of | ||||||
| 25 | Illinois, except as provided in subsection (a-10) of | ||||||
| 26 | Section 4; | ||||||
| |||||||
| |||||||
| 1 | (r) A person who has been adjudicated as a person with | ||||||
| 2 | a mental disability; | ||||||
| 3 | (s) A person who has been found to have a developmental | ||||||
| 4 | disability; | ||||||
| 5 | (t) A person involuntarily admitted into a mental | ||||||
| 6 | health facility; or | ||||||
| 7 | (u) A person who has had his or her Firearm Owner's | ||||||
| 8 | Identification Card revoked or denied under subsection (e) | ||||||
| 9 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
| 10 | (a) of Section 4 of this Act because he or she was a | ||||||
| 11 | patient in a mental health facility as provided in | ||||||
| 12 | subsection (e) of this Section, shall not be permitted to | ||||||
| 13 | obtain a Firearm Owner's Identification Card, after the | ||||||
| 14 | 5-year period has lapsed, unless he or she has received a | ||||||
| 15 | mental health evaluation by a physician, clinical | ||||||
| 16 | psychologist, or qualified examiner as those terms are | ||||||
| 17 | defined in the Mental Health and Developmental | ||||||
| 18 | Disabilities Code, and has received a certification that he | ||||||
| 19 | or she is not a clear and present danger to himself, | ||||||
| 20 | herself, or others. The physician, clinical psychologist, | ||||||
| 21 | or qualified examiner making the certification and his or | ||||||
| 22 | her employer shall not be held criminally, civilly, or | ||||||
| 23 | professionally liable for making or not making the | ||||||
| 24 | certification required under this subsection, except for | ||||||
| 25 | willful or wanton misconduct. This subsection does not | ||||||
| 26 | apply to a person whose firearm possession rights have been | ||||||
| |||||||
| |||||||
| 1 | restored through administrative or judicial action under | ||||||
| 2 | Section 10 or 11 of this Act; or | ||||||
| 3 | (v) A person who is charged with making a terrorist | ||||||
| 4 | threat as set forth in Section 29D-20 or soliciting or | ||||||
| 5 | providing material support for terrorism as set forth in | ||||||
| 6 | Section 29D-29.9 of the Criminal Code of 2012 or a similar | ||||||
| 7 | offense of another state or under federal law. | ||||||
| 8 | Upon revocation of a person's Firearm Owner's | ||||||
| 9 | Identification Card, the Department of State Police shall | ||||||
| 10 | provide notice to the person and the person shall comply with | ||||||
| 11 | Section 9.5 of this Act. | ||||||
| 12 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
| 13 | eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
| 14 | (430 ILCS 65/9.5) | ||||||
| 15 | Sec. 9.5. Revocation of Firearm Owner's Identification
| ||||||
| 16 | Card. | ||||||
| 17 | (a) A person who receives a revocation notice under Section | ||||||
| 18 | 9 of this Act shall, within 48 hours of receiving notice of the | ||||||
| 19 | revocation: | ||||||
| 20 | (1) surrender his or her Firearm Owner's | ||||||
| 21 | Identification Card to the local law enforcement agency | ||||||
| 22 | where the person resides. The local law enforcement agency | ||||||
| 23 | shall provide the person a receipt and transmit the Firearm | ||||||
| 24 | Owner's Identification Card to the Department of State | ||||||
| 25 | Police; and | ||||||
| |||||||
| |||||||
| 1 | (2) complete a Firearm Disposition Record on a form | ||||||
| 2 | prescribed by the Department of State Police and place his | ||||||
| 3 | or her firearms in the location or with the person reported | ||||||
| 4 | in the Firearm Disposition Record. The form shall require | ||||||
| 5 | the person to disclose: | ||||||
| 6 | (A) the make, model, and serial number of each | ||||||
| 7 | firearm owned by or under the custody and control of | ||||||
| 8 | the revoked person; | ||||||
| 9 | (B) the location where each firearm will be | ||||||
| 10 | maintained during the prohibited term; and | ||||||
| 11 | (C) if any firearm will be transferred to the | ||||||
| 12 | custody of another person, the name, address and | ||||||
| 13 | Firearm Owner's Identification Card number of the | ||||||
| 14 | transferee. | ||||||
| 15 | (b) The local law enforcement agency shall provide a copy | ||||||
| 16 | of the Firearm Disposition Record to the person whose Firearm | ||||||
| 17 | Owner's Identification Card has been revoked and to the | ||||||
| 18 | Department of State Police. | ||||||
| 19 | (c) If the person whose Firearm Owner's Identification Card | ||||||
| 20 | has been revoked fails to comply with the requirements of this | ||||||
| 21 | Section, the sheriff or law enforcement agency where the person | ||||||
| 22 | resides may petition the circuit court to issue a warrant to | ||||||
| 23 | search for and seize the Firearm Owner's Identification Card | ||||||
| 24 | and firearms in the possession or under the custody or control | ||||||
| 25 | of the person whose Firearm Owner's Identification Card has | ||||||
| 26 | been revoked. | ||||||
| |||||||
| |||||||
| 1 | (c-5) If the Department of State Police has not received | ||||||
| 2 | the Firearm Owner's Identification Card or Firearms | ||||||
| 3 | Disposition Record from the person, the Department shall send | ||||||
| 4 | notice of noncompliance to the sheriff and law enforcement | ||||||
| 5 | agency where the person resides and upon request the Department | ||||||
| 6 | shall make this information of noncompliance available to the | ||||||
| 7 | sheriff and law enforcement agency where the person resides. | ||||||
| 8 | (d) A violation of subsection (a) of this Section is a | ||||||
| 9 | Class A misdemeanor. | ||||||
| 10 | (e) The observation of a Firearm Owner's Identification | ||||||
| 11 | Card in the possession of a person whose Firearm Owner's | ||||||
| 12 | Identification Card has been revoked constitutes a sufficient | ||||||
| 13 | basis for the arrest of that person for violation of this | ||||||
| 14 | Section. | ||||||
| 15 | (f) Within 30 days after the effective date of this | ||||||
| 16 | amendatory Act of the 98th General Assembly, the Department of | ||||||
| 17 | State Police shall provide written notice of the requirements | ||||||
| 18 | of this Section to persons whose Firearm Owner's Identification | ||||||
| 19 | Cards have been revoked, suspended, or expired and who have | ||||||
| 20 | failed to surrender their cards to the Department. Within 30 | ||||||
| 21 | days
after the effective date of this amendatory Act of the | ||||||
| 22 | 99th
General Assembly, and by January 31 of each year | ||||||
| 23 | thereafter, the
Department of State Police shall provide | ||||||
| 24 | written notice, in the form and manner prescribed by the | ||||||
| 25 | Department, of the
requirements of this Section to every | ||||||
| 26 | sheriff and law enforcement agency within this State. | ||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| 1 | (g) A person whose Firearm Owner's Identification Card has | |||||||||||||||||||||||||
| 2 | been revoked and who received notice under subsection (f) shall | |||||||||||||||||||||||||
| 3 | comply with the requirements of this Section within 48 hours of | |||||||||||||||||||||||||
| 4 | receiving notice.
| |||||||||||||||||||||||||
| 5 | (Source: P.A. 98-63, eff. 7-9-13.)
| |||||||||||||||||||||||||
| ||||||||||||||||||||||||||