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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5647 Introduced , by Rep. Peter Breen 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. Provides that an applicant for a Firearm Owner's Identification Card must submit evidence to the Department of State Police that he or she has not been convicted of a misdemeanor sex offense under the Criminal Code of 2012. 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 previously issued under the Act only 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 who was convicted of a misdemeanor sex offense under the Criminal Code of 2012.
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| | A BILL FOR |
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| | HB5647 | | LRB100 18667 SLF 33894 b |
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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. (a) Each applicant for a Firearm Owner's |
| 8 | | Identification Card must:
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| 9 | | (1) Make application on blank forms prepared and |
| 10 | | furnished at convenient
locations throughout the State by |
| 11 | | the Department of State Police, or by
electronic means, if |
| 12 | | and when made available by the Department of State
Police; |
| 13 | | and
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| 14 | | (2) Submit evidence to the Department of State Police |
| 15 | | that:
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| 16 | | (i) He or she is 21 years of age or over, or if he |
| 17 | | or she is under 21
years of age that he or she has the |
| 18 | | written consent of his or her parent or
legal guardian |
| 19 | | to possess and acquire firearms and firearm ammunition |
| 20 | | and that
he or she has never been convicted of a |
| 21 | | misdemeanor other than a traffic
offense or adjudged
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| 22 | | delinquent, provided, however, that such parent or |
| 23 | | legal guardian is not an
individual prohibited from |
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| 1 | | having a Firearm Owner's Identification Card and
files |
| 2 | | an affidavit with the Department as prescribed by the |
| 3 | | Department
stating that he or she is not an individual |
| 4 | | prohibited from having a Card;
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| 5 | | (ii) He or she has not been convicted of a felony |
| 6 | | under the laws of
this or any other jurisdiction;
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| 7 | | (iii) He or she is not addicted to narcotics;
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| 8 | | (iv) He or she has not been a patient in a mental |
| 9 | | health facility within
the past 5 years or, if he or |
| 10 | | she has been a patient in a mental health facility more |
| 11 | | than 5 years ago submit the certification required |
| 12 | | under subsection (u) of Section 8 of this Act;
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| 13 | | (v) He or she is not a person with an intellectual |
| 14 | | disability;
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| 15 | | (vi) He or she is not an alien who is unlawfully |
| 16 | | present in the
United States under the laws of the |
| 17 | | United States;
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| 18 | | (vii) He or she is not subject to an existing order |
| 19 | | of protection
prohibiting him or her from possessing a |
| 20 | | firearm;
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| 21 | | (viii) He or she has not been convicted within the |
| 22 | | past 5 years of
battery, assault, aggravated assault, |
| 23 | | violation of an order of
protection, or a substantially |
| 24 | | similar offense in another jurisdiction, in
which a |
| 25 | | firearm was used or possessed;
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| 26 | | (ix) He or she has not been convicted of domestic |
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| 1 | | battery, aggravated domestic battery, or a
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| 2 | | substantially similar offense in another
jurisdiction |
| 3 | | committed before, on or after January 1, 2012 (the |
| 4 | | effective date of Public Act 97-158). If the applicant |
| 5 | | knowingly and intelligently waives the right to have an |
| 6 | | offense described in this clause (ix) tried by a jury, |
| 7 | | and by guilty plea or otherwise, results in a |
| 8 | | conviction for an offense in which a domestic |
| 9 | | relationship is not a required element of the offense |
| 10 | | but in which a determination of the applicability of 18 |
| 11 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
| 12 | | Code of Criminal Procedure of 1963, an entry by the |
| 13 | | court of a judgment of conviction for that offense |
| 14 | | shall be grounds for denying the issuance of a Firearm |
| 15 | | Owner's Identification Card under this Section;
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| 16 | | (x) (Blank);
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| 17 | | (xi) He or she is not an alien who has been |
| 18 | | admitted to the United
States under a non-immigrant |
| 19 | | visa (as that term is defined in Section
101(a)(26) of |
| 20 | | the Immigration and Nationality Act (8 U.S.C. |
| 21 | | 1101(a)(26))),
or that he or she is an alien who has |
| 22 | | been lawfully admitted to the United
States under a |
| 23 | | non-immigrant visa if that alien is:
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| 24 | | (1) admitted to the United States for lawful |
| 25 | | hunting or sporting
purposes;
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| 26 | | (2) an official representative of a foreign |
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| 1 | | government who is:
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| 2 | | (A) accredited to the United States |
| 3 | | Government or the Government's
mission to an |
| 4 | | international organization having its |
| 5 | | headquarters in the United
States; or
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| 6 | | (B) en route to or from another country to |
| 7 | | which that alien is
accredited;
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| 8 | | (3) an official of a foreign government or |
| 9 | | distinguished foreign
visitor who has been so |
| 10 | | designated by the Department of State;
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| 11 | | (4) a foreign law enforcement officer of a |
| 12 | | friendly foreign
government entering the United |
| 13 | | States on official business; or
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| 14 | | (5) one who has received a waiver from the |
| 15 | | Attorney General of the
United States pursuant to |
| 16 | | 18 U.S.C. 922(y)(3);
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| 17 | | (xii) He or she is not a minor subject to a |
| 18 | | petition filed
under Section 5-520 of the Juvenile |
| 19 | | Court Act of 1987 alleging that the
minor is a |
| 20 | | delinquent minor for the commission of an offense that |
| 21 | | if
committed by an adult would be a felony;
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| 22 | | (xiii) He or she is not an adult who had been |
| 23 | | adjudicated a delinquent
minor under the Juvenile |
| 24 | | Court Act of 1987 for the commission of an offense
that |
| 25 | | if committed by an adult would be a felony;
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| 26 | | (xiv) He or she is a resident of the State of |
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| 1 | | Illinois; |
| 2 | | (xv) He or she has not been adjudicated as a person |
| 3 | | with a mental disability; |
| 4 | | (xvi) He or she has not been involuntarily admitted |
| 5 | | into a mental health facility; and |
| 6 | | (xvii) He or she is not a person with a |
| 7 | | developmental disability; and |
| 8 | | (xviii) He or she has not been convicted of a |
| 9 | | misdemeanor offense under Article 11 of the Criminal |
| 10 | | Code of 2012; and
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| 11 | | (3) Upon request by the Department of State Police, |
| 12 | | sign a release on a
form prescribed by the Department of |
| 13 | | State Police waiving any right to
confidentiality and |
| 14 | | requesting the disclosure to the Department of State Police
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| 15 | | of limited mental health institution admission information |
| 16 | | from another state,
the District of Columbia, any other |
| 17 | | territory of the United States, or a
foreign nation |
| 18 | | concerning the applicant for the sole purpose of |
| 19 | | determining
whether the applicant is or was a patient in a |
| 20 | | mental health institution and
disqualified because of that |
| 21 | | status from receiving a Firearm Owner's
Identification |
| 22 | | Card. No mental health care or treatment records may be
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| 23 | | requested. The information received shall be destroyed |
| 24 | | within one year of
receipt.
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| 25 | | (a-5) Each applicant for a Firearm Owner's Identification |
| 26 | | Card who is over
the age of 18 shall furnish to the Department |
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| 1 | | of State Police either his or
her Illinois driver's license |
| 2 | | number or Illinois Identification Card number, except as
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| 3 | | provided in subsection (a-10).
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| 4 | | (a-10) Each applicant for a Firearm Owner's Identification |
| 5 | | Card,
who is employed as a law enforcement officer, an armed |
| 6 | | security officer in Illinois, or by the United States Military
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| 7 | | permanently assigned in Illinois and who is not an Illinois |
| 8 | | resident, shall furnish to
the Department of State Police his |
| 9 | | or her driver's license number or state
identification card |
| 10 | | number from his or her state of residence. The Department
of |
| 11 | | State Police may adopt rules to enforce the provisions of this
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| 12 | | subsection (a-10).
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| 13 | | (a-15) If an applicant applying for a Firearm Owner's |
| 14 | | Identification Card moves from the residence address named in |
| 15 | | the application, he or she shall immediately notify in a form |
| 16 | | and manner prescribed by the Department of State Police of that |
| 17 | | change of address. |
| 18 | | (a-20) Each applicant for a Firearm Owner's Identification |
| 19 | | Card shall furnish to the Department of State Police his or her |
| 20 | | photograph. An applicant who is 21 years of age or older |
| 21 | | seeking a religious exemption to the photograph requirement |
| 22 | | must furnish with the application an approved copy of United |
| 23 | | States Department of the Treasury Internal Revenue Service Form |
| 24 | | 4029. In lieu of a photograph, an applicant regardless of age |
| 25 | | seeking a religious exemption to the photograph requirement |
| 26 | | shall submit fingerprints on a form and manner prescribed by |
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| 1 | | the Department with his or her application. |
| 2 | | (b) Each application form shall include the following |
| 3 | | statement printed in
bold type: "Warning: Entering false |
| 4 | | information on an application for a Firearm
Owner's |
| 5 | | Identification Card is punishable as a Class 2 felony in |
| 6 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
| 7 | | Owners Identification Card
Act.".
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| 8 | | (c) Upon such written consent, pursuant to Section 4, |
| 9 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| 10 | | consent shall be liable for any
damages resulting from the |
| 11 | | applicant's use of firearms or firearm ammunition.
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| 12 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
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| 13 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 14 | | Sec. 8. Grounds for denial and revocation. The Department |
| 15 | | of State Police has authority to deny an
application for or to |
| 16 | | revoke and seize a Firearm Owner's Identification
Card |
| 17 | | previously issued under this Act only if the Department finds |
| 18 | | that the
applicant or the person to whom such card was issued |
| 19 | | is or was at the time
of issuance:
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| 20 | | (a) A person under 21 years of age who has been |
| 21 | | convicted of a
misdemeanor other than a traffic offense or |
| 22 | | adjudged delinquent;
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| 23 | | (b) A person under 21 years of age who does not have |
| 24 | | the written consent
of his parent or guardian to acquire |
| 25 | | and possess firearms and firearm
ammunition, or whose |
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| 1 | | parent or guardian has revoked such written consent,
or |
| 2 | | where such parent or guardian does not qualify to have a |
| 3 | | Firearm Owner's
Identification Card;
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| 4 | | (c) A person convicted of a felony under the laws of |
| 5 | | this or any other
jurisdiction;
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| 6 | | (d) A person addicted to narcotics;
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| 7 | | (e) A person who has been a patient of a mental health |
| 8 | | facility within the
past 5 years or a person who has been a |
| 9 | | patient in a mental health facility more than 5 years ago |
| 10 | | who has not received the certification required under |
| 11 | | subsection (u) of this Section. An active law enforcement |
| 12 | | officer employed by a unit of government who is denied, |
| 13 | | revoked, or has his or her Firearm Owner's Identification |
| 14 | | Card seized under this subsection (e) may obtain relief as |
| 15 | | described in subsection (c-5) of Section 10 of this Act if |
| 16 | | the officer did not act in a manner threatening to the |
| 17 | | officer, another person, or the public as determined by the |
| 18 | | treating clinical psychologist or physician, and the |
| 19 | | officer seeks mental health treatment;
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| 20 | | (f) A person whose mental condition is of such a nature |
| 21 | | that it poses
a clear and present danger to the applicant, |
| 22 | | any other person or persons or
the community;
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| 23 | | (g) A person who has an intellectual disability;
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| 24 | | (h) A person who intentionally makes a false statement |
| 25 | | in the Firearm
Owner's Identification Card application;
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| 26 | | (i) An alien who is unlawfully present in
the United |
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| 1 | | States under the laws of the United States;
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| 2 | | (i-5) An alien who has been admitted to the United |
| 3 | | States under a
non-immigrant visa (as that term is defined |
| 4 | | in Section 101(a)(26) of the
Immigration and Nationality |
| 5 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
| 6 | | (i-5) does not apply to any alien who has been lawfully |
| 7 | | admitted to
the United States under a non-immigrant visa if |
| 8 | | that alien is:
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| 9 | | (1) admitted to the United States for lawful |
| 10 | | hunting or sporting purposes;
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| 11 | | (2) an official representative of a foreign |
| 12 | | government who is:
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| 13 | | (A) accredited to the United States Government |
| 14 | | or the Government's
mission to an international |
| 15 | | organization having its headquarters in the United
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| 16 | | States; or
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| 17 | | (B) en route to or from another country to |
| 18 | | which that alien is
accredited;
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| 19 | | (3) an official of a foreign government or |
| 20 | | distinguished foreign visitor
who has been so |
| 21 | | designated by the Department of State;
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| 22 | | (4) a foreign law enforcement officer of a friendly |
| 23 | | foreign government
entering the United States on |
| 24 | | official business; or
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| 25 | | (5) one who has received a waiver from the Attorney |
| 26 | | General of the United
States pursuant to 18 U.S.C. |
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| 1 | | 922(y)(3);
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| 2 | | (j) (Blank);
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| 3 | | (k) A person who has been convicted within the past 5 |
| 4 | | years of battery,
assault, aggravated assault, violation |
| 5 | | of an order of protection, or a
substantially similar |
| 6 | | offense in another jurisdiction, in which a firearm was
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| 7 | | used or possessed;
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| 8 | | (l) A person who has been convicted of domestic |
| 9 | | battery, aggravated domestic battery, or a substantially
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| 10 | | similar offense in another jurisdiction committed before, |
| 11 | | on or after January 1, 2012 (the effective date of Public |
| 12 | | Act 97-158). If the applicant or person who has been |
| 13 | | previously issued a Firearm Owner's Identification Card |
| 14 | | under this Act knowingly and intelligently waives the right |
| 15 | | to have an offense described in this paragraph (l) tried by |
| 16 | | a jury, and by guilty plea or otherwise, results in a |
| 17 | | conviction for an offense in which a domestic relationship |
| 18 | | is not a required element of the offense but in which a |
| 19 | | determination of the applicability of 18 U.S.C. 922(g)(9) |
| 20 | | is made under Section 112A-11.1 of the Code of Criminal |
| 21 | | Procedure of 1963, an entry by the court of a judgment of |
| 22 | | conviction for that offense shall be grounds for denying an |
| 23 | | application for and for revoking and seizing a Firearm |
| 24 | | Owner's Identification Card previously issued to the |
| 25 | | person under this Act;
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| 26 | | (m) (Blank);
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| 1 | | (n) A person who is prohibited from acquiring or |
| 2 | | possessing
firearms or firearm ammunition by any Illinois |
| 3 | | State statute or by federal
law;
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| 4 | | (o) A minor subject to a petition filed under Section |
| 5 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
| 6 | | minor is a delinquent minor for
the commission of an |
| 7 | | offense that if committed by an adult would be a felony;
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| 8 | | (p) An adult who had been adjudicated a delinquent |
| 9 | | minor under the Juvenile
Court Act of 1987 for the |
| 10 | | commission of an offense that if committed by an
adult |
| 11 | | would be a felony;
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| 12 | | (q) A person who is not a resident of the State of |
| 13 | | Illinois, except as provided in subsection (a-10) of |
| 14 | | Section 4; |
| 15 | | (r) A person who has been adjudicated as a person with |
| 16 | | a mental disability; |
| 17 | | (s) A person who has been found to have a developmental |
| 18 | | disability; |
| 19 | | (t) A person involuntarily admitted into a mental |
| 20 | | health facility; or |
| 21 | | (u) A person who has had his or her Firearm Owner's |
| 22 | | Identification Card revoked or denied under subsection (e) |
| 23 | | of this Section or item (iv) of paragraph (2) of subsection |
| 24 | | (a) of Section 4 of this Act because he or she was a |
| 25 | | patient in a mental health facility as provided in |
| 26 | | subsection (e) of this Section, shall not be permitted to |
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| 1 | | obtain a Firearm Owner's Identification Card, after the |
| 2 | | 5-year period has lapsed, unless he or she has received a |
| 3 | | mental health evaluation by a physician, clinical |
| 4 | | psychologist, or qualified examiner as those terms are |
| 5 | | defined in the Mental Health and Developmental |
| 6 | | Disabilities Code, and has received a certification that he |
| 7 | | or she is not a clear and present danger to himself, |
| 8 | | herself, or others. The physician, clinical psychologist, |
| 9 | | or qualified examiner making the certification and his or |
| 10 | | her employer shall not be held criminally, civilly, or |
| 11 | | professionally liable for making or not making the |
| 12 | | certification required under this subsection, except for |
| 13 | | willful or wanton misconduct. This subsection does not |
| 14 | | apply to a person whose firearm possession rights have been |
| 15 | | restored through administrative or judicial action under |
| 16 | | Section 10 or 11 of this Act; or . |
| 17 | | (v) A person who was convicted of a misdemeanor offense |
| 18 | | under Article 11 of the Criminal Code of 2012. |
| 19 | | Upon revocation of a person's Firearm Owner's |
| 20 | | Identification Card, the Department of State Police shall |
| 21 | | provide notice to the person and the person shall comply with |
| 22 | | Section 9.5 of this Act. |
| 23 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, |
| 24 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
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