103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1436
 
Introduced 2/7/2023, by Sen. Sally J. Turner
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Firearm Owners Identification Card Act. Provides that the authority of the Illinois State Police to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card previously issued under the Act to a person who is not a resident of the State of Illinois does not apply to an applicant who is an Illinois resident in the United States Military permanently assigned out of state. Effective immediately.



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A BILL FOR
 


SB1436LRB103 25382 RLC 51727 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 Illinois 
8State 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 Illinois State 
11Police finds that the
applicant or the person to whom such card 
12was issued is 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 July 12, 2019 (the effective date of Public Act 
18 101-80). A person under 21 years of age who does not have 
19 the written consent
of his parent or guardian to acquire 
20 and possess firearms and firearm
ammunition, or whose 
21 parent or guardian has revoked such written consent,
or 
22 where such parent or guardian does not qualify to have a 
23 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 July 12, 2019 (the effective date of 
3 Public Act 101-80). A person under 21 years of age who is 
4 not an active duty member of the United States Armed 
5 Forces or the Illinois National Guard and does not have 
6 the written consent
of his or her parent or guardian to 
7 acquire and possess firearms and firearm
ammunition, or 
8 whose parent or guardian has revoked such written consent,

9 or where such parent or guardian does not qualify to have a 
10 Firearm 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 or a Department 
20 of Corrections employee authorized to possess firearms who 
21 is denied, revoked, or has his or her Firearm Owner's 
22 Identification Card seized under this subsection (e) may 
23 obtain relief as described in subsection (c-5) of Section 
24 10 of this Act if the officer or employee did not act in a 
25 manner threatening to the officer or employee, another 
26 person, or the public as determined by the treating 
 
 
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1 clinical psychologist or physician, and the officer or 
2 employee seeks mental health treatment;

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

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

7  (h) A person who intentionally makes a false statement 
8 in the Firearm
Owner's Identification Card application or 
9 endorsement affidavit;

10  (i) A noncitizen who is unlawfully present in
the 
11 United States under the laws of the United States;

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

19   (1) admitted to the United States for lawful 
20 hunting or sporting purposes;

21   (2) an official representative of a foreign 
22 government who is:

23    (A) accredited to the United States Government 
24 or the Government's
mission to an international 
25 organization having its headquarters in the United

26 States; or

 
 
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1    (B) en route to or from another country to 
2 which that noncitizen is
accredited;

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

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

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

12  (j) (Blank);

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

17 used or possessed;

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

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

10  (m) (Blank);

11  (n) A person who is prohibited from acquiring or 
12 possessing
firearms or firearm ammunition by any Illinois 
13 State statute or by federal
law;

14  (o) A minor subject to a petition filed under Section 
15 5-520 of the
Juvenile Court Act of 1987 alleging that the 
16 minor is a delinquent minor for
the commission of an 
17 offense that if committed by an adult would be a felony;


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

22  (q) A person who is not a resident of the State of 
23 Illinois, except for an Illinois resident in the United

24 States Military permanently assigned out of state or as 
25 provided in subsection (a-10) of Section 4; 
26  (r) A person who has been adjudicated as a person with 
 
 
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1 a mental disability; 
2  (s) A person who has been found to have a 
3 developmental disability; 
4  (t) A person involuntarily admitted into a mental 
5 health facility; or 
6  (u) A person who has had his or her Firearm Owner's 
7 Identification Card revoked or denied under subsection (e) 
8 of this Section or item (iv) of paragraph (2) of 
9 subsection (a) of Section 4 of this Act because he or she 
10 was a patient in a mental health facility as provided in 
11 subsection (e) of this Section, shall not be permitted to 
12 obtain a Firearm Owner's Identification Card, after the 
13 5-year period has lapsed, unless he or she has received a 
14 mental health evaluation by a physician, clinical 
15 psychologist, or qualified examiner as those terms are 
16 defined in the Mental Health and Developmental 
17 Disabilities Code, and has received a certification that 
18 he or she is not a clear and present danger to himself, 
19 herself, or others. The physician, clinical psychologist, 
20 or qualified examiner making the certification and his or 
21 her employer shall not be held criminally, civilly, or 
22 professionally liable for making or not making the 
23 certification required under this subsection, except for 
24 willful or wanton misconduct. This subsection does not 
25 apply to a person whose firearm possession rights have 
26 been restored through administrative or judicial action 
 
 
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1 under Section 10 or 11 of this Act. 
2 Upon revocation of a person's Firearm Owner's 
3Identification Card, the Illinois State Police shall provide 
4notice to the person and the person shall comply with Section 
59.5 of this Act. 
6(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
7102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 
85-27-22; 102-1116, eff. 1-10-23.)



9 Section 99. Effective date. This Act takes effect upon 
10becoming law.