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1 | | following July 12, 2019 (the effective date of Public Act |
2 | | 101-80). A person under 21 years of age who does not have |
3 | | the written consent of his parent or guardian to acquire |
4 | | and possess firearms and firearm ammunition, or whose |
5 | | parent or guardian has revoked such written consent, or |
6 | | where such parent or guardian does not qualify to have a |
7 | | Firearm Owner's Identification Card; |
8 | | (b-5) This subsection (b-5) applies on and after the |
9 | | 181st day following July 12, 2019 (the effective date of |
10 | | Public Act 101-80). A person under 21 years of age who is |
11 | | not an active duty member of the United States Armed |
12 | | Forces or the Illinois National Guard and does not have |
13 | | the written consent of his or her parent or guardian to |
14 | | acquire and possess firearms and firearm ammunition, or |
15 | | whose parent or guardian has revoked such written consent, |
16 | | or where such parent or guardian does not qualify to have a |
17 | | Firearm Owner's Identification Card; |
18 | | (c) A person convicted of a felony under the laws of |
19 | | this or any other jurisdiction; |
20 | | (d) A person addicted to narcotics; |
21 | | (e) A person who has been a patient of a mental health |
22 | | facility within the past 5 years or a person who has been a |
23 | | patient in a mental health facility more than 5 years ago |
24 | | who has not received the certification required under |
25 | | subsection (u) of this Section. An active law enforcement |
26 | | officer employed by a unit of government or a Department |
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1 | | of Corrections employee authorized to possess firearms who |
2 | | is denied, revoked, or has his or her Firearm Owner's |
3 | | Identification Card seized under this subsection (e) may |
4 | | obtain relief as described in subsection (c-5) of Section |
5 | | 10 of this Act if the officer or employee did not act in a |
6 | | manner threatening to the officer or employee, another |
7 | | person, or the public as determined by the treating |
8 | | clinical psychologist or physician, and the officer or |
9 | | employee seeks mental health treatment; |
10 | | (f) A person whose mental condition is of such a |
11 | | nature that it poses a clear and present danger to the |
12 | | applicant, any other person or persons, or the community; |
13 | | (g) A person who has an intellectual disability; |
14 | | (h) A person who intentionally makes a false statement |
15 | | in the Firearm Owner's Identification Card application or |
16 | | endorsement affidavit; |
17 | | (i) A noncitizen who is unlawfully present in the |
18 | | United States under the laws of the United States; |
19 | | (i-5) A noncitizen who has been admitted to the United |
20 | | States under a non-immigrant visa (as that term is defined |
21 | | in Section 101(a)(26) of the Immigration and Nationality |
22 | | Act (8 U.S.C. 1101(a)(26))), except that this subsection |
23 | | (i-5) does not apply to any noncitizen who has been |
24 | | lawfully admitted to the United States under a |
25 | | non-immigrant visa if that noncitizen is: |
26 | | (1) admitted to the United States for lawful |
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1 | | hunting or sporting purposes; |
2 | | (2) an official representative of a foreign |
3 | | government who is: |
4 | | (A) accredited to the United States Government |
5 | | or the Government's mission to an international |
6 | | organization having its headquarters in the United |
7 | | States; or |
8 | | (B) en route to or from another country to |
9 | | which that noncitizen is accredited; |
10 | | (3) an official of a foreign government or |
11 | | distinguished foreign visitor who has been so |
12 | | designated by the Department of State; |
13 | | (4) a foreign law enforcement officer of a |
14 | | friendly foreign government entering the United States |
15 | | on official business; or |
16 | | (5) one who has received a waiver from the |
17 | | Attorney General of the United States pursuant to 18 |
18 | | U.S.C. 922(y)(3); |
19 | | (j) (Blank); |
20 | | (k) A person who has been convicted within the past 5 |
21 | | years of battery, assault, aggravated assault, violation |
22 | | of an order of protection, or a substantially similar |
23 | | offense in another jurisdiction, in which a firearm was |
24 | | used or possessed; |
25 | | (l) A person who has been convicted of domestic |
26 | | battery, aggravated domestic battery, or a substantially |
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1 | | similar offense in another jurisdiction committed before, |
2 | | on or after January 1, 2012 (the effective date of Public |
3 | | Act 97-158). If the applicant or person who has been |
4 | | previously issued a Firearm Owner's Identification Card |
5 | | under this Act knowingly and intelligently waives the |
6 | | right to have an offense described in this paragraph (l) |
7 | | tried by a jury, and by guilty plea or otherwise, results |
8 | | in a conviction for an offense in which a domestic |
9 | | relationship is not a required element of the offense but |
10 | | in which a determination of the applicability of 18 U.S.C. |
11 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
12 | | Criminal Procedure of 1963, an entry by the court of a |
13 | | judgment of conviction for that offense shall be grounds |
14 | | for denying an application for and for revoking and |
15 | | seizing a Firearm Owner's Identification Card previously |
16 | | issued to the person under this Act; |
17 | | (m) (Blank); |
18 | | (n) A person who is prohibited from acquiring or |
19 | | possessing firearms or firearm ammunition by any Illinois |
20 | | State statute or by federal law; |
21 | | (o) A minor subject to a petition filed under Section |
22 | | 5-520 of the Juvenile Court Act of 1987 alleging that the |
23 | | minor is a delinquent minor for the commission of an |
24 | | offense that if committed by an adult would be a felony; |
25 | | (p) An adult who had been adjudicated a delinquent |
26 | | minor under the Juvenile Court Act of 1987 for the |
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1 | | commission of an offense that if committed by an adult |
2 | | would be a felony; |
3 | | (q) A person who is not a resident of the State of |
4 | | Illinois, except as provided in subsection (a-10) of |
5 | | Section 4; |
6 | | (r) A person who has been adjudicated as a person with |
7 | | a mental disability; |
8 | | (s) A person who has been found to have a |
9 | | developmental disability; |
10 | | (t) A person involuntarily admitted into a mental |
11 | | health facility; or |
12 | | (u) A person who has had his or her Firearm Owner's |
13 | | Identification Card revoked or denied under subsection (e) |
14 | | of this Section or item (iv) of paragraph (2) of |
15 | | subsection (a) of Section 4 of this Act because he or she |
16 | | was a patient in a mental health facility , as provided in |
17 | | subsection (e) of this Section, shall not be permitted to |
18 | | obtain a Firearm Owner's Identification Card, after the |
19 | | 5-year period has lapsed, unless he or she has received a |
20 | | mental health evaluation by a physician, clinical |
21 | | psychologist, or qualified examiner as those terms are |
22 | | defined in the Mental Health and Developmental |
23 | | Disabilities Code, and has received a certification that |
24 | | he or she is not a clear and present danger to himself, |
25 | | herself, or others. The individual performing the mental |
26 | | health evaluation physician, clinical psychologist, or |
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1 | | qualified examiner making the certification and his or her |
2 | | employer shall not be held criminally, civilly, or |
3 | | professionally liable for making or not making the |
4 | | certification required under this subsection, except for |
5 | | willful or wanton misconduct. This subsection does not |
6 | | apply to a person whose firearm possession rights have |
7 | | been restored through administrative or judicial action |
8 | | under Section 10 or 11 of this Act. The results of mental |
9 | | health evaluations that are performed under this |
10 | | subsection (u) on or after the effective date of this |
11 | | amendatory Act of the 104th General Assembly must be |
12 | | transmitted to the Illinois State Police regardless of |
13 | | whether the mental health evaluation resulted in the |
14 | | issuance or reinstatement of a Firearm Owner's |
15 | | Identification Card. Notwithstanding any other law, |
16 | | continuing education courses completed by an individual to |
17 | | obtain recognition as a licensed clinical mental health |
18 | | professional under this subsection may be credited toward |
19 | | any other continuing education requirements required for |
20 | | that individual to obtain professional licensure in this |
21 | | State. |
22 | | As used in this subsection (u): |
23 | | "Licensed clinical mental health professional" means |
24 | | an individual who is a licensed clinical social worker, |
25 | | licensed clinical psychologist, or psychiatrist and who, |
26 | | on or after the effective date of this amendatory Act of |
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1 | | the 104th General Assembly, completes (i) a 3-hour, |
2 | | Department-approved continuing education course that |
3 | | covers the issuance, revocation, and reinstatement of |
4 | | Firearm Owner's Identification Cards under this Act and |
5 | | (ii) a 3-hour, Department-approved continuing education |
6 | | course in suicide prevention, trauma evaluation, or both. |
7 | | "Mental health evaluation" means, until one year after |
8 | | the effective date of this amendatory Act of the 104th |
9 | | General Assembly, a mental health evaluation performed by |
10 | | a physician, clinical psychologist, or qualified examiner, |
11 | | as those terms are defined in the Mental Health and |
12 | | Developmental Disabilities Code, and, beginning one year |
13 | | after the effective date of this amendatory Act of the |
14 | | 104th General Assembly, a mental health evaluation |
15 | | performed by a licensed clinical mental health |
16 | | professional during at least 2 office visits on 2 separate |
17 | | days. |
18 | | Upon revocation of a person's Firearm Owner's |
19 | | Identification Card, the Illinois State Police shall provide |
20 | | notice to the person and the person shall comply with Section |
21 | | 9.5 of this Act. |
22 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; |
23 | | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. |
24 | | 5-27-22; 102-1116, eff. 1-10-23.)". |