102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3661
 
Introduced , by Rep. Kelly M. Cassidy
 
SYNOPSIS AS INTRODUCED:



    
430 ILCS 65/8 from Ch. 38, par. 83-8
720 ILCS 5/8-4 from Ch. 38, par. 8-4

 Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall revoke for one year the Firearm Owner's Identification Card of a card holder who reports to the local law enforcement agency his or her firearms lost or stolen in 3 separate incidents within a 2-year period. Provides that any law enforcement agency that has knowledge that a card holder has reported his or her firearms lost or stolen in 3 separate incidents within a 2-year period shall forthwith forward that information to the Department of State Police. Provides that an "incident" means an occasion in which the card holder's firearm or firearms have been lost or stolen regardless of the number of firearms stolen in the incident and the report of the loss or theft of the firearm or firearms on one occasion shall be considered one incident. Provides that if a law enforcement agency recovers a firearm that had been lost or stolen and has not been previously reported as lost or stolen, the recovery of the firearm shall be considered an incident for the purpose of this provision. Amends the Criminal Code of 2012. Provides that the sentence for attempt to acquire a firearm by use of a revoked Firearm Owner's Identification Card is a Class 4 felony.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning firearms.


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) This subsection (b) applies through the 180th day 
17 following the effective date of this amendatory Act of the 
18 101st General Assembly. A person under 21 years of age who 
19 does not have the written consent
of his parent or 
20 guardian to acquire and possess firearms and firearm

21 ammunition, or whose parent or guardian has revoked such 
22 written consent,
or where such parent or guardian does not 
23 qualify to have a Firearm Owner's
Identification Card;
 
 
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1  (b-5) This subsection (b-5) applies on and after the 
2 181st day following the effective date of this amendatory 
3 Act of the 101st General Assembly. A person under 21 years 
4 of age who is not an active duty member of the United 
5 States Armed Forces and does not have the written consent

6 of his or her parent or guardian to acquire and possess 
7 firearms and firearm
ammunition, or whose parent or 
8 guardian has revoked such written consent,
or where such 
9 parent or guardian does not qualify to have a Firearm 
10 Owner's
Identification Card; 

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

13  (d) A person addicted to narcotics;

14  (e) A person who has been a patient of a mental health 
15 facility within the
past 5 years or a person who has been a 
16 patient in a mental health facility more than 5 years ago 
17 who has not received the certification required under 
18 subsection (u) of this Section. An active law enforcement 
19 officer employed by a unit of government who is denied, 
20 revoked, or has his or her Firearm Owner's Identification 
21 Card seized under this subsection (e) may obtain relief as 
22 described in subsection (c-5) of Section 10 of this Act if 
23 the officer did not act in a manner threatening to the 
24 officer, another person, or the public as determined by 
25 the treating clinical psychologist or physician, and the 
26 officer seeks mental health treatment;

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

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

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

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

9  (i-5) An alien who has been admitted to the United 
10 States under a
non-immigrant visa (as that term is defined 
11 in Section 101(a)(26) of the
Immigration and Nationality 
12 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
13 (i-5) does not apply to any alien who has been lawfully 
14 admitted to
the United States under a non-immigrant visa 
15 if that alien is:

16   (1) admitted to the United States for lawful 
17 hunting or sporting purposes;

18   (2) an official representative of a foreign 
19 government who is:

20    (A) accredited to the United States Government 
21 or the Government's
mission to an international 
22 organization having its headquarters in the United

23 States; or

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

26   (3) an official of a foreign government or 
 
 
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1 distinguished foreign visitor
who has been so 
2 designated by the Department of State;

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

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

9  (j) (Blank);

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

14 used or possessed;

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

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

7  (m) (Blank);

8  (n) A person who is prohibited from acquiring or 
9 possessing
firearms or firearm ammunition by any Illinois 
10 State statute or by federal
law;

11  (o) A minor subject to a petition filed under Section 
12 5-520 of the
Juvenile Court Act of 1987 alleging that the 
13 minor is a delinquent minor for
the commission of an 
14 offense that if committed by an adult would be a felony;


15  (p) An adult who had been adjudicated a delinquent 
16 minor under the Juvenile
Court Act of 1987 for the 
17 commission of an offense that if committed by an
adult 
18 would be a felony;

19  (q) A person who is not a resident of the State of 
20 Illinois, except as provided in subsection (a-10) of 
21 Section 4; 
22  (r) A person who has been adjudicated as a person with 
23 a mental disability; 
24  (s) A person who has been found to have a 
25 developmental disability; 
26  (t) A person involuntarily admitted into a mental 
 
 
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1 health facility; or 
2  (u) A person who has had his or her Firearm Owner's 
3 Identification Card revoked or denied under subsection (e) 
4 of this Section or item (iv) of paragraph (2) of 
5 subsection (a) of Section 4 of this Act because he or she 
6 was a patient in a mental health facility as provided in 
7 subsection (e) of this Section, shall not be permitted to 
8 obtain a Firearm Owner's Identification Card, after the 
9 5-year period has lapsed, unless he or she has received a 
10 mental health evaluation by a physician, clinical 
11 psychologist, or qualified examiner as those terms are 
12 defined in the Mental Health and Developmental 
13 Disabilities Code, and has received a certification that 
14 he or she is not a clear and present danger to himself, 
15 herself, or others. The physician, clinical psychologist, 
16 or qualified examiner making the certification and his or 
17 her employer shall not be held criminally, civilly, or 
18 professionally liable for making or not making the 
19 certification required under this subsection, except for 
20 willful or wanton misconduct. This subsection does not 
21 apply to a person whose firearm possession rights have 
22 been restored through administrative or judicial action 
23 under Section 10 or 11 of this Act. 
24 The Department of State Police shall revoke for one year 
25the Firearm Owner's Identification Card of a card holder who 
26reports to a local law enforcement agency his or her firearms 
 
 
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1lost or stolen in 3 separate incidents within a 2-year period. 
2Any law enforcement agency that has knowledge that a card 
3holder has reported his or her firearms lost or stolen in 3 
4separate incidents within a 2-year period shall forthwith 
5forward that information to the Department of State Police. In 
6this paragraph, an "incident" means an occasion in which the 
7card holder's firearm or firearms have been lost or stolen 
8regardless of the number of firearms lost or stolen in the 
9incident and the report of the loss or theft of the firearm or 
10firearms on one occasion shall be considered one incident. If 
11a law enforcement agency recovers a firearm that had been lost 
12or stolen and has not been previously reported as lost or 
13stolen, the recovery of the firearm shall be considered an 
14incident for the purpose of this paragraph.
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. 101-80, eff. 7-12-19.)



20 Section 10. The Criminal Code of 2012 is amended by 
21changing Section 8-4 as follows:




22 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)


23 Sec. 8-4. Attempt. 

24 (a) Elements of the offense.

 
 
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1 A person commits the offense of attempt when, with intent 
2to commit a specific
offense, he or she does any act that 
3constitutes a substantial step toward the
commission of that 
4offense.

5 (b) Impossibility.

6 It is not a defense to a charge of attempt that because of 
7a
misapprehension of the circumstances it would have been 
8impossible for
the accused to commit the offense attempted.

9 (c) Sentence.

10 A person convicted of attempt may be fined or imprisoned 
11or both
not to exceed the maximum provided for the offense 
12attempted but, except
for an attempt to commit the offense 
13defined in Section 33A-2 of this Code:



14  (1) the sentence for attempt to commit first degree 
15 murder is the
sentence for a Class X felony, except that


16   (A) an attempt to commit first
degree murder when 
17 at least one of the aggravating factors specified in

18 paragraphs (1), (2), and (12) of subsection (b) of 
19 Section 9-1 is present is
a Class X felony for which 
20 the sentence shall be a term of imprisonment of
not 
21 less than 20 years and not more than 80 years;


22   (B) an attempt to commit first degree murder while 
23 armed with a
firearm is a Class X felony for which 15 
24 years shall be added to the term of
imprisonment 
25 imposed by the court;


26   (C) an attempt to commit first degree murder 
 
 
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1 during which the person
personally discharged a 
2 firearm is a Class X felony for which 20 years
shall be 
3 added to the term of imprisonment imposed by the 
4 court;


5   (D) an attempt to commit first degree murder 
6 during which the person
personally discharged a 
7 firearm that proximately caused great bodily harm,

8 permanent disability, permanent disfigurement, or 
9 death to
another person is a Class X felony for which 
10 25 years or up to a term of
natural life shall be added 
11 to the term of imprisonment imposed by the court; and

12   (E) if the defendant proves by a preponderance of 
13 the evidence at sentencing that, at the time of the 
14 attempted murder, he or she was acting under a sudden 
15 and intense passion resulting from serious provocation 
16 by the individual whom the defendant endeavored to 
17 kill, or another, and, had the individual the 
18 defendant endeavored to kill died, the defendant would 
19 have negligently or accidentally caused that death, 
20 then the sentence for the attempted murder is the 
21 sentence for a Class 1 felony; 

22  (2) the sentence for attempt to commit a Class X 
23 felony is the sentence
for a Class 1 felony;


24  (3) the sentence for attempt to commit a Class 1 
25 felony is the sentence
for a Class 2 felony;


26  (4) the sentence for attempt to commit a Class 2 
 
 
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1 felony is the sentence
for a Class 3 felony; and

2  (4.1) the sentence for attempt to commit a violation 
3 of paragraph (1) of subsection (a) of Section 2 of the 
4 Firearm Owners Identification Card Act by use of a revoked 
5 Firearm Owner's Identification Card is a Class 4 felony; 
6 and 

7  (5) the sentence for attempt to commit any felony 
8 other than those
specified in items (1), (2), (3), and 
9 (4), and (4.1) of this subsection (c) is
the sentence for a 
10 Class A misdemeanor.

11(Source: P.A. 96-710, eff. 1-1-10.)