| 
 |  | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1449   Introduced , by Rep. David Harris  SYNOPSIS AS INTRODUCED:
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 |   430 ILCS 65/1.1 |  from Ch. 38, par. 83-1.1 |    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. Lowers the age in which a person may apply for a Firearm Owner's Identification Card without parental or legal guardian consent from 21 years of age to 18 years of age if the applicant is a servicemember or veteran. Provides that an applicant who is 18 (rather than 21) years of age or older who is a servicemember or veteran seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Effective immediately.
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 |  | HB1449 |  | LRB099 05690 RLC 25733 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 1.1, 4, and 8 as follows:
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| 6 |  |  (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| 7 |  |  Sec. 1.1. For purposes of this Act: 
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| 8 |  |  "Addicted to narcotics" means a person who has been:  | 
| 9 |  |   (1) convicted of an offense involving the use or  | 
| 10 |  |  possession of cannabis, a controlled substance, or  | 
| 11 |  |  methamphetamine within the past year; or  | 
| 12 |  |   (2) determined by the Department of State Police to be  | 
| 13 |  |  addicted to narcotics based upon federal law or federal  | 
| 14 |  |  guidelines.  | 
| 15 |  |  "Addicted to narcotics" does not include possession or use  | 
| 16 |  | of a prescribed controlled substance under the direction and  | 
| 17 |  | authority of a physician or other person authorized to  | 
| 18 |  | prescribe the controlled substance when the controlled  | 
| 19 |  | substance is used in the prescribed manner.  | 
| 20 |  |  "Adjudicated as a mentally disabled person" means the  | 
| 21 |  | person is the subject of a determination by a court, board,  | 
| 22 |  | commission or other lawful authority that the person, as a  | 
| 23 |  | result of marked subnormal intelligence, or mental illness,  | 
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| 1 |  | mental impairment, incompetency, condition, or disease: | 
| 2 |  |   (1) presents a clear and present danger to himself,  | 
| 3 |  |  herself, or to others; | 
| 4 |  |   (2) lacks the mental capacity to manage his or her own  | 
| 5 |  |  affairs or is adjudicated a disabled person as defined in  | 
| 6 |  |  Section 11a-2 of the Probate Act of 1975; | 
| 7 |  |   (3) is not guilty in a criminal case by reason of  | 
| 8 |  |  insanity, mental disease or defect; | 
| 9 |  |   (3.5) is guilty but mentally ill, as provided in  | 
| 10 |  |  Section 5-2-6 of the Unified Code of Corrections;  | 
| 11 |  |   (4) is incompetent to stand trial in a criminal case;  | 
| 12 |  |   (5) is not guilty by reason of lack of mental  | 
| 13 |  |  responsibility under Articles 50a and 72b of the Uniform  | 
| 14 |  |  Code of Military Justice, 10 U.S.C. 850a, 876b;
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| 15 |  |   (6) is a sexually violent person under subsection (f)  | 
| 16 |  |  of Section 5 of the Sexually Violent Persons Commitment  | 
| 17 |  |  Act;  | 
| 18 |  |   (7) is a sexually dangerous person under the Sexually  | 
| 19 |  |  Dangerous Persons Act;  | 
| 20 |  |   (8) is unfit to stand trial under the Juvenile Court  | 
| 21 |  |  Act of 1987;  | 
| 22 |  |   (9) is not guilty by reason of insanity under the  | 
| 23 |  |  Juvenile Court Act of 1987;  | 
| 24 |  |   (10) is subject to involuntary admission as an  | 
| 25 |  |  inpatient as defined in Section 1-119 of the Mental Health  | 
| 26 |  |  and Developmental Disabilities Code;  | 
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| 1 |  |   (11) is subject to involuntary admission as an  | 
| 2 |  |  outpatient as defined in Section 1-119.1 of the Mental  | 
| 3 |  |  Health and Developmental Disabilities Code;  | 
| 4 |  |   (12) is subject to judicial admission as set forth in  | 
| 5 |  |  Section 4-500 of the Mental Health and Developmental  | 
| 6 |  |  Disabilities Code; or  | 
| 7 |  |   (13) is subject to the provisions of the Interstate  | 
| 8 |  |  Agreements on Sexually Dangerous Persons Act.  | 
| 9 |  |  "Clear and present danger" means a person who: | 
| 10 |  |   (1) communicates a serious threat of physical violence  | 
| 11 |  |  against a reasonably identifiable victim or poses a clear  | 
| 12 |  |  and imminent risk of serious physical injury to himself,  | 
| 13 |  |  herself, or another person as determined by a physician,  | 
| 14 |  |  clinical psychologist, or qualified examiner; or | 
| 15 |  |   (2) demonstrates threatening physical or verbal  | 
| 16 |  |  behavior, such as violent, suicidal, or assaultive  | 
| 17 |  |  threats, actions, or other behavior, as determined by a  | 
| 18 |  |  physician, clinical psychologist, qualified examiner,  | 
| 19 |  |  school administrator, or law enforcement official. | 
| 20 |  |  "Clinical psychologist" has the meaning provided in  | 
| 21 |  | Section 1-103 of the Mental Health and Developmental  | 
| 22 |  | Disabilities Code. | 
| 23 |  |  "Controlled substance" means a controlled substance or  | 
| 24 |  | controlled substance analog as defined in the Illinois  | 
| 25 |  | Controlled Substances Act.  | 
| 26 |  |  "Counterfeit" means to copy or imitate, without legal  | 
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| 1 |  | authority, with
intent
to deceive. | 
| 2 |  |  "Developmentally disabled" means a disability which is  | 
| 3 |  | attributable to any other condition which results in impairment  | 
| 4 |  | similar to that caused by an intellectual disability and which  | 
| 5 |  | requires services similar to those required by intellectually  | 
| 6 |  | disabled persons. The disability must originate before the age  | 
| 7 |  | of 18
years, be expected to continue indefinitely, and  | 
| 8 |  | constitute a substantial handicap. | 
| 9 |  |  "Federally licensed firearm dealer" means a person who is  | 
| 10 |  | licensed as a federal firearms dealer under Section 923 of the  | 
| 11 |  | federal Gun Control Act of 1968 (18 U.S.C. 923).
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| 12 |  |  "Firearm" means any device, by
whatever name known, which  | 
| 13 |  | is designed to expel a projectile or projectiles
by the action  | 
| 14 |  | of an explosion, expansion of gas or escape of gas; excluding,
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| 15 |  | however:
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| 16 |  |   (1) any pneumatic gun, spring gun, paint ball gun, or  | 
| 17 |  |  B-B gun which
expels a single globular projectile not  | 
| 18 |  |  exceeding .18 inch in
diameter or which has a maximum  | 
| 19 |  |  muzzle velocity of less than 700 feet
per second;
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| 20 |  |   (1.1) any pneumatic gun, spring gun, paint ball gun, or  | 
| 21 |  |  B-B gun which expels breakable paint balls containing  | 
| 22 |  |  washable marking colors; 
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| 23 |  |   (2) any device used exclusively for signalling or  | 
| 24 |  |  safety and required or
recommended by the United States  | 
| 25 |  |  Coast Guard or the Interstate Commerce
Commission;
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| 26 |  |   (3) any device used exclusively for the firing of stud  | 
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| 1 |  |  cartridges,
explosive rivets or similar industrial  | 
| 2 |  |  ammunition; and
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| 3 |  |   (4) an antique firearm (other than a machine-gun)  | 
| 4 |  |  which, although
designed as a weapon, the Department of  | 
| 5 |  |  State Police finds by reason of
the date of its  | 
| 6 |  |  manufacture, value, design, and other characteristics is
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| 7 |  |  primarily a collector's item and is not likely to be used  | 
| 8 |  |  as a weapon.
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| 9 |  |  "Firearm ammunition" means any self-contained cartridge or  | 
| 10 |  | shotgun
shell, by whatever name known, which is designed to be  | 
| 11 |  | used or adaptable to
use in a firearm; excluding, however:
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| 12 |  |   (1) any ammunition exclusively designed for use with a  | 
| 13 |  |  device used
exclusively for signalling or safety and  | 
| 14 |  |  required or recommended by the
United States Coast Guard or  | 
| 15 |  |  the Interstate Commerce Commission; and
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| 16 |  |   (2) any ammunition designed exclusively for use with a  | 
| 17 |  |  stud or rivet
driver or other similar industrial  | 
| 18 |  |  ammunition. | 
| 19 |  |  "Gun show" means an event or function: | 
| 20 |  |   (1) at which the sale and transfer of firearms is the  | 
| 21 |  |  regular and normal course of business and where 50 or more  | 
| 22 |  |  firearms are displayed, offered, or exhibited for sale,  | 
| 23 |  |  transfer, or exchange; or | 
| 24 |  |   (2) at which not less than 10 gun show vendors display,  | 
| 25 |  |  offer, or exhibit for sale, sell, transfer, or exchange  | 
| 26 |  |  firearms.
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| 1 |  |  "Gun show" includes the entire premises provided for an  | 
| 2 |  | event or function, including parking areas for the event or  | 
| 3 |  | function, that is sponsored to facilitate the purchase, sale,  | 
| 4 |  | transfer, or exchange of firearms as described in this Section.
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| 5 |  |  "Gun show" does not include training or safety classes,  | 
| 6 |  | competitive shooting events, such as rifle, shotgun, or handgun  | 
| 7 |  | matches, trap, skeet, or sporting clays shoots, dinners,  | 
| 8 |  | banquets, raffles, or
any other event where the sale or  | 
| 9 |  | transfer of firearms is not the primary course of business. | 
| 10 |  |  "Gun show promoter" means a person who organizes or  | 
| 11 |  | operates a gun show. | 
| 12 |  |  "Gun show vendor" means a person who exhibits, sells,  | 
| 13 |  | offers for sale, transfers, or exchanges any firearms at a gun  | 
| 14 |  | show, regardless of whether the person arranges with a gun show  | 
| 15 |  | promoter for a fixed location from which to exhibit, sell,  | 
| 16 |  | offer for sale, transfer, or exchange any firearm. | 
| 17 |  |  "Intellectually disabled" means significantly subaverage  | 
| 18 |  | general intellectual functioning which exists concurrently  | 
| 19 |  | with impairment in adaptive behavior and which originates  | 
| 20 |  | before the age of 18 years.  | 
| 21 |  |  "Involuntarily admitted" has the meaning as prescribed in  | 
| 22 |  | Sections 1-119 and 1-119.1 of the Mental Health and  | 
| 23 |  | Developmental Disabilities Code.  | 
| 24 |  |  "Mental health facility" means any licensed private  | 
| 25 |  | hospital or hospital affiliate, institution, or facility, or  | 
| 26 |  | part thereof, and any facility, or part thereof, operated by  | 
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| 1 |  | the State or a political subdivision thereof which provide  | 
| 2 |  | treatment of persons with mental illness and includes all  | 
| 3 |  | hospitals, institutions, clinics, evaluation facilities,  | 
| 4 |  | mental health centers, colleges, universities, long-term care  | 
| 5 |  | facilities, and nursing homes, or parts thereof, which provide  | 
| 6 |  | treatment of persons with mental illness whether or not the  | 
| 7 |  | primary purpose is to provide treatment of persons with mental  | 
| 8 |  | illness.  | 
| 9 |  |  "Patient" means:  | 
| 10 |  |   (1) a person who voluntarily receives mental health  | 
| 11 |  |  treatment as an in-patient or resident of any public or  | 
| 12 |  |  private mental health facility, unless the treatment was  | 
| 13 |  |  solely for an alcohol abuse disorder and no other secondary  | 
| 14 |  |  substance abuse disorder or mental illness; or  | 
| 15 |  |   (2) a person who voluntarily receives mental health  | 
| 16 |  |  treatment as an out-patient or is provided services by a  | 
| 17 |  |  public or private mental health facility, and who poses a  | 
| 18 |  |  clear and present danger to himself, herself, or to others.  | 
| 19 |  |  "Physician" has the meaning as defined in Section 1-120 of  | 
| 20 |  | the Mental Health and Developmental Disabilities Code. | 
| 21 |  |  "Qualified examiner" has the meaning provided in Section  | 
| 22 |  | 1-122 of the Mental Health and Developmental Disabilities Code. | 
| 23 |  |  "Sanctioned competitive shooting event" means a shooting  | 
| 24 |  | contest officially recognized by a national or state shooting  | 
| 25 |  | sport association, and includes any sight-in or practice  | 
| 26 |  | conducted in conjunction with the event.
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| 1 |  |  "School administrator" means the person required to report  | 
| 2 |  | under the School Administrator Reporting of Mental Health Clear  | 
| 3 |  | and Present Danger Determinations Law. | 
| 4 |  |  "Servicemember" means a person who is currently serving in  | 
| 5 |  | the Army, Air Force, Marines, Navy, or Coast Guard on active  | 
| 6 |  | duty, reserve status, or in the National Guard.  | 
| 7 |  |  "Stun gun or taser" has the meaning ascribed to it in  | 
| 8 |  | Section 24-1 of the Criminal Code of 2012. | 
| 9 |  |  "Veteran" means a person who served in the active military,  | 
| 10 |  | naval, or air service, Coast Guard, reserves, or National Guard  | 
| 11 |  | and who was discharged or released from that service, reserve,  | 
| 12 |  | or Guard under conditions other than dishonorable.  | 
| 13 |  | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;  | 
| 14 |  | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
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| 15 |  |  (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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| 16 |  |  Sec. 4. (a) Each applicant for a Firearm Owner's  | 
| 17 |  | Identification Card must: 
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| 18 |  |   (1) Make application on blank forms prepared and  | 
| 19 |  |  furnished at convenient
locations throughout the State by  | 
| 20 |  |  the Department of State Police, or by
electronic means, if  | 
| 21 |  |  and when made available by the Department of State
Police;  | 
| 22 |  |  and
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| 23 |  |   (2) Submit evidence to the Department of State Police  | 
| 24 |  |  that:
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| 25 |  |    (i) He or she is 21 years of age or over, or if he  | 
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| 1 |  |  or she is under 21
years of age and not a servicemember  | 
| 2 |  |  or veteran or is under 18 years of age and is a  | 
| 3 |  |  servicemember or veteran that he or she has the written  | 
| 4 |  |  consent of his or her parent or
legal guardian to  | 
| 5 |  |  possess and acquire firearms and firearm ammunition  | 
| 6 |  |  and that, if he or she is under 21 years of age, he or  | 
| 7 |  |  she has never been convicted of a misdemeanor other  | 
| 8 |  |  than a traffic
offense or adjudged
delinquent,  | 
| 9 |  |  provided, however, that, if the applicant is under 21  | 
| 10 |  |  years of age and not a servicemember or veteran or  | 
| 11 |  |  under 18 years of age and is a servicemember or  | 
| 12 |  |  veteran, the such parent or legal guardian is not an
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| 13 |  |  individual prohibited from having a Firearm Owner's  | 
| 14 |  |  Identification Card and
files an affidavit with the  | 
| 15 |  |  Department as prescribed by the Department
stating  | 
| 16 |  |  that he or she is not an individual prohibited from  | 
| 17 |  |  having a Card;
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| 18 |  |    (i-5) He or she is 18 years of age or over but  | 
| 19 |  |  under 21 years of age and is a servicemember or  | 
| 20 |  |  veteran; 
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| 21 |  |    (ii) He or she has not been convicted of a felony  | 
| 22 |  |  under the laws of
this or any other jurisdiction;
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| 23 |  |    (iii) He or she is not addicted to narcotics;
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| 24 |  |    (iv) He or she has not been a patient in a mental  | 
| 25 |  |  health facility within
the past 5 years or, if he or  | 
| 26 |  |  she has been a patient in a mental health facility more  | 
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| 1 |  |  than 5 years ago submit the certification required  | 
| 2 |  |  under subsection (u) of Section 8 of this Act;
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| 3 |  |    (v) He or she is not intellectually disabled;
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| 4 |  |    (vi) He or she is not an alien who is unlawfully  | 
| 5 |  |  present in the
United States under the laws of the  | 
| 6 |  |  United States;
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| 7 |  |    (vii) He or she is not subject to an existing order  | 
| 8 |  |  of protection
prohibiting him or her from possessing a  | 
| 9 |  |  firearm;
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| 10 |  |    (viii) He or she has not been convicted within the  | 
| 11 |  |  past 5 years of
battery, assault, aggravated assault,  | 
| 12 |  |  violation of an order of
protection, or a substantially  | 
| 13 |  |  similar offense in another jurisdiction, in
which a  | 
| 14 |  |  firearm was used or possessed;
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| 15 |  |    (ix) He or she has not been convicted of domestic  | 
| 16 |  |  battery, aggravated domestic battery, or a
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| 17 |  |  substantially similar offense in another
jurisdiction  | 
| 18 |  |  committed before, on or after January 1, 2012 (the  | 
| 19 |  |  effective date of Public Act 97-158). If the applicant  | 
| 20 |  |  knowingly and intelligently waives the right to have an  | 
| 21 |  |  offense described in this clause (ix) tried by a jury,  | 
| 22 |  |  and by guilty plea or otherwise, results in a  | 
| 23 |  |  conviction for an offense in which a domestic  | 
| 24 |  |  relationship is not a required element of the offense  | 
| 25 |  |  but in which a determination of the applicability of 18  | 
| 26 |  |  U.S.C. 922(g)(9) is made under Section 112A-11.1 of the  | 
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| 1 |  |  Code of Criminal Procedure of 1963, an entry by the  | 
| 2 |  |  court of a judgment of conviction for that offense  | 
| 3 |  |  shall be grounds for denying the issuance of a Firearm  | 
| 4 |  |  Owner's Identification Card under this Section;
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| 5 |  |    (x) (Blank);
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| 6 |  |    (xi) He or she is not an alien who has been  | 
| 7 |  |  admitted to the United
States under a non-immigrant  | 
| 8 |  |  visa (as that term is defined in Section
101(a)(26) of  | 
| 9 |  |  the Immigration and Nationality Act (8 U.S.C.  | 
| 10 |  |  1101(a)(26))),
or that he or she is an alien who has  | 
| 11 |  |  been lawfully admitted to the United
States under a  | 
| 12 |  |  non-immigrant visa if that alien is:
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| 13 |  |     (1) admitted to the United States for lawful  | 
| 14 |  |  hunting or sporting
purposes;
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| 15 |  |     (2) an official representative of a foreign  | 
| 16 |  |  government who is:
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| 17 |  |      (A) accredited to the United States  | 
| 18 |  |  Government or the Government's
mission to an  | 
| 19 |  |  international organization having its  | 
| 20 |  |  headquarters in the United
States; or
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| 21 |  |      (B) en route to or from another country to  | 
| 22 |  |  which that alien is
accredited;
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| 23 |  |     (3) an official of a foreign government or  | 
| 24 |  |  distinguished foreign
visitor who has been so  | 
| 25 |  |  designated by the Department of State;
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| 26 |  |     (4) a foreign law enforcement officer of a  | 
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| 1 |  |  friendly foreign
government entering the United  | 
| 2 |  |  States on official business; or
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| 3 |  |     (5) one who has received a waiver from the  | 
| 4 |  |  Attorney General of the
United States pursuant to  | 
| 5 |  |  18 U.S.C. 922(y)(3);
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| 6 |  |    (xii) He or she is not a minor subject to a  | 
| 7 |  |  petition filed
under Section 5-520 of the Juvenile  | 
| 8 |  |  Court Act of 1987 alleging that the
minor is a  | 
| 9 |  |  delinquent minor for the commission of an offense that  | 
| 10 |  |  if
committed by an adult would be a felony;
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| 11 |  |    (xiii) He or she is not an adult who had been  | 
| 12 |  |  adjudicated a delinquent
minor under the Juvenile  | 
| 13 |  |  Court Act of 1987 for the commission of an offense
that  | 
| 14 |  |  if committed by an adult would be a felony;
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| 15 |  |    (xiv) He or she is a resident of the State of  | 
| 16 |  |  Illinois;  | 
| 17 |  |    (xv) He or she has not been adjudicated as a  | 
| 18 |  |  mentally disabled person;  | 
| 19 |  |    (xvi) He or she has not been involuntarily admitted  | 
| 20 |  |  into a mental health facility; and  | 
| 21 |  |    (xvii) He or she is not developmentally disabled;  | 
| 22 |  |  and 
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| 23 |  |   (3) Upon request by the Department of State Police,  | 
| 24 |  |  sign a release on a
form prescribed by the Department of  | 
| 25 |  |  State Police waiving any right to
confidentiality and  | 
| 26 |  |  requesting the disclosure to the Department of State Police
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| 1 |  |  of limited mental health institution admission information  | 
| 2 |  |  from another state,
the District of Columbia, any other  | 
| 3 |  |  territory of the United States, or a
foreign nation  | 
| 4 |  |  concerning the applicant for the sole purpose of  | 
| 5 |  |  determining
whether the applicant is or was a patient in a  | 
| 6 |  |  mental health institution and
disqualified because of that  | 
| 7 |  |  status from receiving a Firearm Owner's
Identification  | 
| 8 |  |  Card. No mental health care or treatment records may be
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| 9 |  |  requested. The information received shall be destroyed  | 
| 10 |  |  within one year of
receipt.
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| 11 |  |  (a-5) Each applicant for a Firearm Owner's Identification  | 
| 12 |  | Card who is over
the age of 18 shall furnish to the Department  | 
| 13 |  | of State Police either his or
her Illinois driver's license  | 
| 14 |  | number or Illinois Identification Card number, except as
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| 15 |  | provided in subsection (a-10).
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| 16 |  |  (a-10) Each applicant for a Firearm Owner's Identification  | 
| 17 |  | Card,
who is employed as a law enforcement officer, an armed  | 
| 18 |  | security officer in Illinois, or by the United States Military
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| 19 |  | permanently assigned in Illinois and who is not an Illinois  | 
| 20 |  | resident, shall furnish to
the Department of State Police his  | 
| 21 |  | or her driver's license number or state
identification card  | 
| 22 |  | number from his or her state of residence. The Department
of  | 
| 23 |  | State Police may adopt rules to enforce the provisions of this
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| 24 |  | subsection (a-10).
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| 25 |  |  (a-15) If an applicant applying for a Firearm Owner's  | 
| 26 |  | Identification Card moves from the residence address named in  | 
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| 1 |  | the application, he or she shall immediately notify in a form  | 
| 2 |  | and manner prescribed by the Department of State Police of that  | 
| 3 |  | change of address. | 
| 4 |  |  (a-20) Each applicant for a Firearm Owner's Identification  | 
| 5 |  | Card shall furnish to the Department of State Police his or her  | 
| 6 |  | photograph. An applicant who is 21 years of age or older, or 18  | 
| 7 |  | years of age or over but under 21 years of age and who is a  | 
| 8 |  | servicemember or veteran, seeking a religious exemption to the  | 
| 9 |  | photograph requirement must furnish with the application an  | 
| 10 |  | approved copy of United States Department of the Treasury  | 
| 11 |  | Internal Revenue Service Form 4029. In lieu of a photograph, an  | 
| 12 |  | applicant regardless of age seeking a religious exemption to  | 
| 13 |  | the photograph requirement shall submit fingerprints on a form  | 
| 14 |  | and manner prescribed by the Department with his or her  | 
| 15 |  | application.  | 
| 16 |  |  (b) Each application form shall include the following  | 
| 17 |  | statement printed in
bold type: "Warning: Entering false  | 
| 18 |  | information on an application for a Firearm
Owner's  | 
| 19 |  | Identification Card is punishable as a Class 2 felony in  | 
| 20 |  | accordance
with subsection (d-5) of Section 14 of the Firearm  | 
| 21 |  | Owners Identification Card
Act.".
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| 22 |  |  (c) Upon such written consent, pursuant to Section 4,  | 
| 23 |  | paragraph (a)(2)(i),
the parent or legal guardian giving the  | 
| 24 |  | consent shall be liable for any
damages resulting from the  | 
| 25 |  | applicant's use of firearms or firearm ammunition.
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| 26 |  | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,  | 
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| 1 |  | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;  | 
| 2 |  | 98-63, eff. 7-9-13.)
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| 3 |  |  (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 4 |  |  Sec. 8. Grounds for denial and revocation. The Department  | 
| 5 |  | of State Police has authority to deny an
application for or to  | 
| 6 |  | revoke and seize a Firearm Owner's Identification
Card  | 
| 7 |  | previously issued under this Act only if the Department finds  | 
| 8 |  | that the
applicant or the person to whom such card was issued  | 
| 9 |  | is or was at the time
of issuance:
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| 10 |  |   (a) A person under 21 years of age who has been  | 
| 11 |  |  convicted of a
misdemeanor other than a traffic offense or  | 
| 12 |  |  adjudged delinquent;
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| 13 |  |   (b) A person under 21 years of age who is not a  | 
| 14 |  |  servicemember or veteran or under 18 who is a servicemember  | 
| 15 |  |  or veteran and who does not have the written consent
of his  | 
| 16 |  |  parent or guardian to acquire and possess firearms and  | 
| 17 |  |  firearm
ammunition, or whose parent or guardian has revoked  | 
| 18 |  |  such written consent,
or where such parent or guardian does  | 
| 19 |  |  not qualify to have a Firearm Owner's
Identification Card;
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| 20 |  |   (c) A person convicted of a felony under the laws of  | 
| 21 |  |  this or any other
jurisdiction;
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| 22 |  |   (d) A person addicted to narcotics;
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| 23 |  |   (e) A person who has been a patient of a mental health  | 
| 24 |  |  facility within the
past 5 years or a person who has been a  | 
| 25 |  |  patient in a mental health facility more than 5 years ago  | 
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| 1 |  |  who has not received the certification required under  | 
| 2 |  |  subsection (u) of this Section. An active law enforcement  | 
| 3 |  |  officer employed by a unit of government who is denied,  | 
| 4 |  |  revoked, or has his or her Firearm Owner's Identification  | 
| 5 |  |  Card seized under this subsection (e) may obtain relief as  | 
| 6 |  |  described in subsection (c-5) of Section 10 of this Act if  | 
| 7 |  |  the officer did not act in a manner threatening to the  | 
| 8 |  |  officer, another person, or the public as determined by the  | 
| 9 |  |  treating clinical psychologist or physician, and the  | 
| 10 |  |  officer seeks mental health treatment;
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| 11 |  |   (f) A person whose mental condition is of such a nature  | 
| 12 |  |  that it poses
a clear and present danger to the applicant,  | 
| 13 |  |  any other person or persons or
the community;
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| 14 |  |   (g) A person who is intellectually disabled;
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| 15 |  |   (h) A person who intentionally makes a false statement  | 
| 16 |  |  in the Firearm
Owner's Identification Card application;
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| 17 |  |   (i) An alien who is unlawfully present in
the United  | 
| 18 |  |  States under the laws of the United States;
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| 19 |  |   (i-5) An alien 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 alien who has been lawfully  | 
| 24 |  |  admitted to
the United States under a non-immigrant visa if  | 
| 25 |  |  that alien is:
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| 26 |  |    (1) admitted to the United States for lawful  | 
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| 1 |  |  hunting or sporting purposes;
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| 2 |  |    (2) an official representative of a foreign  | 
| 3 |  |  government who is:
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| 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
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| 7 |  |  States; or
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| 8 |  |     (B) en route to or from another country to  | 
| 9 |  |  which that alien is
accredited;
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| 10 |  |    (3) an official of a foreign government or  | 
| 11 |  |  distinguished foreign visitor
who has been so  | 
| 12 |  |  designated by the Department of State;
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| 13 |  |    (4) a foreign law enforcement officer of a friendly  | 
| 14 |  |  foreign government
entering the United States on  | 
| 15 |  |  official business; or
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| 16 |  |    (5) one who has received a waiver from the Attorney  | 
| 17 |  |  General of the United
States pursuant to 18 U.S.C.  | 
| 18 |  |  922(y)(3);
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| 19 |  |   (j) (Blank);
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| 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
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| 24 |  |  used or possessed;
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| 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 right  | 
| 6 |  |  to have an offense described in this paragraph (l) tried by  | 
| 7 |  |  a jury, and by guilty plea or otherwise, results in a  | 
| 8 |  |  conviction for an offense in which a domestic relationship  | 
| 9 |  |  is not a required element of the offense but in which a  | 
| 10 |  |  determination of the applicability of 18 U.S.C. 922(g)(9)  | 
| 11 |  |  is made under Section 112A-11.1 of the Code of Criminal  | 
| 12 |  |  Procedure of 1963, an entry by the court of a judgment of  | 
| 13 |  |  conviction for that offense shall be grounds for denying an  | 
| 14 |  |  application for and for revoking and seizing a Firearm  | 
| 15 |  |  Owner's Identification Card previously issued to the  | 
| 16 |  |  person under this Act;
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| 17 |  |   (m) (Blank);
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| 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;
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| 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;
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| 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;
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| 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 mentally  | 
| 7 |  |  disabled person;  | 
| 8 |  |   (s) A person who has been found to be developmentally  | 
| 9 |  |  disabled;  | 
| 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 subsection  | 
| 15 |  |  (a) of Section 4 of this Act because he or she was a  | 
| 16 |  |  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 he  | 
| 24 |  |  or she is not a clear and present danger to himself,  | 
| 25 |  |  herself, or others. The physician, clinical psychologist,  | 
| 26 |  |  or qualified examiner making the certification and his or  | 
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| 1 |  |  her employer shall not be held criminally, civilly, or  | 
| 2 |  |  professionally liable for making or not making the  | 
| 3 |  |  certification required under this subsection, except for  | 
| 4 |  |  willful or wanton misconduct. This subsection does not  | 
| 5 |  |  apply to a person whose firearm possession rights have been  | 
| 6 |  |  restored through administrative or judicial action under  | 
| 7 |  |  Section 10 or 11 of this Act.  | 
| 8 |  |  Upon revocation of a person's Firearm Owner's  | 
| 9 |  | Identification Card, the Department of State Police shall  | 
| 10 |  | provide notice to the person and the person shall comply with  | 
| 11 |  | Section 9.5 of this Act.  | 
| 12 |  | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,  | 
| 13 |  | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;  | 
| 14 |  | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff.  | 
| 15 |  | 7-16-14.)
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| 16 |  |  Section 99. Effective date. This Act takes effect upon  | 
| 17 |  | becoming law. 
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