99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2844
 
Introduced 2/17/2016, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:



  
430 ILCS 65/8 from Ch. 38, par. 83-8

 Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card (FOID card) previously issued under the Act if the Department finds that the
applicant or the person to whom the card was issued is or was at the time
of issuance a person named on the consolidated Terrorist Watchlist
maintained by the Terrorist Screening Center administered by
the Federal Bureau of Investigation. 



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A BILL FOR
 


SB2844LRB099 17738 RLC 42098 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 8 as follows:



6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

7 Sec. 8. Grounds for denial and revocation. The Department 
8of State Police has authority to deny an
application for or to 
9revoke and seize a Firearm Owner's Identification
Card 
10previously issued under this Act only if the Department finds 
11that the
applicant or the person to whom such card was issued 
12is or was at the time
of issuance:

13  (a) A person under 21 years of age who has been 
14 convicted of a
misdemeanor other than a traffic offense or 
15 adjudged delinquent;

16  (b) A person under 21 years of age who does not have 
17 the written consent
of his parent or guardian to acquire 
18 and possess firearms and firearm
ammunition, or whose 
19 parent or guardian has revoked such written consent,
or 
20 where such parent or guardian does not qualify to have a 
21 Firearm Owner's
Identification Card;

22  (c) A person convicted of a felony under the laws of 
23 this or any other
jurisdiction;

 
 
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1  (d) A person addicted to narcotics;

2  (e) A person who has been a patient of a mental health 
3 facility within the
past 5 years or a person who has been a 
4 patient in a mental health facility more than 5 years ago 
5 who has not received the certification required under 
6 subsection (u) of this Section. An active law enforcement 
7 officer employed by a unit of government who is denied, 
8 revoked, or has his or her Firearm Owner's Identification 
9 Card seized under this subsection (e) may obtain relief as 
10 described in subsection (c-5) of Section 10 of this Act if 
11 the officer did not act in a manner threatening to the 
12 officer, another person, or the public as determined by the 
13 treating clinical psychologist or physician, and the 
14 officer seeks mental health treatment;

15  (f) A person whose mental condition is of such a nature 
16 that it poses
a clear and present danger to the applicant, 
17 any other person or persons or
the community;

18  (g) A person who has an intellectual disability;

19  (h) A person who intentionally makes a false statement 
20 in the Firearm
Owner's Identification Card application;

21  (i) An alien who is unlawfully present in
the United 
22 States under the laws of the United States;

23  (i-5) An alien who has been admitted to the United 
24 States under a
non-immigrant visa (as that term is defined 
25 in Section 101(a)(26) of the
Immigration and Nationality 
26 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
 
 
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1 (i-5) does not apply to any alien who has been lawfully 
2 admitted to
the United States under a non-immigrant visa if 
3 that alien is:

4   (1) admitted to the United States for lawful 
5 hunting or sporting purposes;

6   (2) an official representative of a foreign 
7 government who is:

8    (A) accredited to the United States Government 
9 or the Government's
mission to an international 
10 organization having its headquarters in the United

11 States; or

12    (B) en route to or from another country to 
13 which that alien is
accredited;

14   (3) an official of a foreign government or 
15 distinguished foreign visitor
who has been so 
16 designated by the Department of State;

17   (4) a foreign law enforcement officer of a friendly 
18 foreign government
entering the United States on 
19 official business; or

20   (5) one who has received a waiver from the Attorney 
21 General of the United
States pursuant to 18 U.S.C. 
22 922(y)(3);

23  (j) (Blank);

24  (k) A person who has been convicted within the past 5 
25 years of battery,
assault, aggravated assault, violation 
26 of an order of protection, or a
substantially similar 
 
 
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1 offense in another jurisdiction, in which a firearm was

2 used or possessed;

3  (l) A person who has been convicted of domestic 
4 battery, aggravated domestic battery, or a substantially

5 similar offense in another jurisdiction committed before, 
6 on or after January 1, 2012 (the effective date of Public 
7 Act 97-158). If the applicant or person who has been 
8 previously issued a Firearm Owner's Identification Card 
9 under this Act knowingly and intelligently waives the right 
10 to have an offense described in this paragraph (l) tried by 
11 a jury, and by guilty plea or otherwise, results in a 
12 conviction for an offense in which a domestic relationship 
13 is not a required element of the offense but in which a 
14 determination of the applicability of 18 U.S.C. 922(g)(9) 
15 is made under Section 112A-11.1 of the Code of Criminal 
16 Procedure of 1963, an entry by the court of a judgment of 
17 conviction for that offense shall be grounds for denying an 
18 application for and for revoking and seizing a Firearm 
19 Owner's Identification Card previously issued to the 
20 person under this Act;

21  (m) (Blank);

22  (n) A person who is prohibited from acquiring or 
23 possessing
firearms or firearm ammunition by any Illinois 
24 State statute or by federal
law;

25  (o) A minor subject to a petition filed under Section 
26 5-520 of the
Juvenile Court Act of 1987 alleging that the 
 
 
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1 minor is a delinquent minor for
the commission of an 
2 offense that if committed by an adult would be a felony;


3  (p) An adult who had been adjudicated a delinquent 
4 minor under the Juvenile
Court Act of 1987 for the 
5 commission of an offense that if committed by an
adult 
6 would be a felony;

7  (q) A person who is not a resident of the State of 
8 Illinois, except as provided in subsection (a-10) of 
9 Section 4; 
10  (r) A person who has been adjudicated as a person with 
11 a mental disability; 
12  (s) A person who has been found to have a developmental 
13 disability; 
14  (t) A person involuntarily admitted into a mental 
15 health facility; or 
16  (u) A person who has had his or her Firearm Owner's 
17 Identification Card revoked or denied under subsection (e) 
18 of this Section or item (iv) of paragraph (2) of subsection 
19 (a) of Section 4 of this Act because he or she was a 
20 patient in a mental health facility as provided in 
21 subsection (e) of this Section, shall not be permitted to 
22 obtain a Firearm Owner's Identification Card, after the 
23 5-year period has lapsed, unless he or she has received a 
24 mental health evaluation by a physician, clinical 
25 psychologist, or qualified examiner as those terms are 
26 defined in the Mental Health and Developmental 
 
 
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1 Disabilities Code, and has received a certification that he 
2 or she is not a clear and present danger to himself, 
3 herself, or others. The physician, clinical psychologist, 
4 or qualified examiner making the certification and his or 
5 her employer shall not be held criminally, civilly, or 
6 professionally liable for making or not making the 
7 certification required under this subsection, except for 
8 willful or wanton misconduct. This subsection does not 
9 apply to a person whose firearm possession rights have been 
10 restored through administrative or judicial action under 
11 Section 10 or 11 of this Act; or
12  (v) A person named on the consolidated Terrorist 
13 Watchlist
maintained by the Terrorist Screening Center 
14 administered by
the Federal Bureau of Investigation. 
15 Upon revocation of a person's Firearm Owner's 
16Identification Card, the Department of State Police shall 
17provide notice to the person and the person shall comply with 
18Section 9.5 of this Act. 
19(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, 
20eff. 7-16-14; 99-143, eff. 7-27-15.)