100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5492

Introduced , by Rep. Gregory Harris

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Police Training Act. Provides the annual training

of police chiefs must include
at least one course on the Firearm Owners

Identification Card
Act, the Firearm Concealed Carry Act, and firearms

investigations. Amends the Firearm Owners Identification Card Act. In the definition of "clear and present danger" that the person demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, adds that it includes any

act that
is intended to cause or create a risk and does cause or create a

risk of death
or great bodily harm to one or more persons. Defines

"patient" for purposes of the Act as a person who: is admitted as an in-patient or resident of a public or private mental health facility for mental health treatment under the Mental Health and Developmental Disabilities Code as an informal admission, a voluntary admission, a minor admission, an emergency admission, or an involuntary admission; or is otherwise provided mental health treatment as an in-patient or resident by a public or private mental health facility, unless the treatment was solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness; or a person who voluntarily or involuntarily receives mental health treatment as an out-patient or is otherwise provided services by a public or private mental health facility, and who poses a clear and present danger to himself, herself, or to others. Permits the Department of State Police to notify the FBI if a person on the Terrorist Watchlist submits an application for a Firearm Owner's Identification Card. Makes other changes.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Police Training Act is amended by

5 changing Section 10.7 as follows:

6 (50 ILCS 705/10.7)

7 Sec. 10.7. Mandatory training; police chief and deputy

8 police chief. Each police chief and deputy police chief shall

9 obtain at least 20 hours of training each year. The training

10 must be approved by the Illinois Law Enforcement Training and

11 Standards Board and must be related to law enforcement,

12 management or executive development, or ethics, and must

13 include at least one course on the Firearm Owners

14 Identification Card Act, the Firearm Concealed Carry Act, and

15 firearms investigations. This requirement may be satisfied by

16 attending any training portion of a conference held by an

17 association that represents chiefs of police that has been

18 approved by the Illinois Law Enforcement Training and Standards

19 Board. Any police chief and any deputy police chief, upon

20 presentation of a certificate of completion from the person or

21 entity conducting the training, shall be reimbursed by the

22 municipality in accordance with the municipal policy

23 regulating the terms of reimbursement, for his or her

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1 reasonable expenses in obtaining the training required under

2 this Section. No police chief or deputy police chief may attend

3 any recognized training offering without the prior approval of

4 his or her municipal mayor, manager, or immediate supervisor.

5 This Section does not apply to the City of Chicago or the

6 Sheriff's Police Department in Cook County.

7 (Source: P.A. 94-354, eff. 1-1-06.)

8 Section 10. The Firearm Owners Identification Card Act is

9 amended by changing Sections 1.1, 3.1, 3.3, 8, and 9.5 as

10 follows:

11 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

12 Sec. 1.1. For purposes of this Act:

13 "Addicted to narcotics" means a person who has been:

14 (1) convicted of an offense involving the use or

15 possession of cannabis, a controlled substance, or

16 methamphetamine within the past year; or

17 (2) determined by the Department of State Police to be

18 addicted to narcotics based upon federal law or federal

19 guidelines.

20 "Addicted to narcotics" does not include possession or use

21 of a prescribed controlled substance under the direction and

22 authority of a physician or other person authorized to

23 prescribe the controlled substance when the controlled

24 substance is used in the prescribed manner.

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1 "Adjudicated as a person with a mental disability" means

2 the person is the subject of a determination by a court, board,

3 commission or other lawful authority that the person, as a

4 result of marked subnormal intelligence, or mental illness,

5 mental impairment, incompetency, condition, or disease:

6 (1) presents a clear and present danger to himself,

7 herself, or to others;

8 (2) lacks the mental capacity to manage his or her own

9 affairs or is adjudicated a person with a disability as

10 defined in Section 11a-2 of the Probate Act of 1975;

11 (3) is not guilty in a criminal case by reason of

12 insanity, mental disease or defect;

13 (3.5) is guilty but mentally ill, as provided in

14 Section 5-2-6 of the Unified Code of Corrections;

15 (4) is incompetent to stand trial in a criminal case;

16 (5) is not guilty by reason of lack of mental

17 responsibility under Articles 50a and 72b of the Uniform

18 Code of Military Justice, 10 U.S.C. 850a, 876b;

19 (6) is a sexually violent person under subsection (f)

20 of Section 5 of the Sexually Violent Persons Commitment

21 Act;

22 (7) is a sexually dangerous person under the Sexually

23 Dangerous Persons Act;

24 (8) is unfit to stand trial under the Juvenile Court

25 Act of 1987;

26 (9) is not guilty by reason of insanity under the

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1 Juvenile Court Act of 1987;

2 (10) is subject to involuntary admission as an

3 inpatient as defined in Section 1-119 of the Mental Health

4 and Developmental Disabilities Code;

5 (11) is subject to involuntary admission as an

6 outpatient as defined in Section 1-119.1 of the Mental

7 Health and Developmental Disabilities Code;

8 (12) is subject to judicial admission as set forth in

9 Section 4-500 of the Mental Health and Developmental

10 Disabilities Code; or

11 (13) is subject to the provisions of the Interstate

12 Agreements on Sexually Dangerous Persons Act.

13 "Clear and present danger" means a person who:

14 (1) communicates a serious threat of physical violence

15 against a reasonably identifiable victim or poses a clear

16 and imminent risk of serious physical injury to himself,

17 herself, or another person as determined by a physician,

18 clinical psychologist, or qualified examiner; or

19 (2) demonstrates threatening physical or verbal

20 behavior, such as violent, suicidal, or assaultive

21 threats, actions, or other behavior, as determined by a

22 physician, clinical psychologist, qualified examiner,

23 school administrator, or law enforcement official,

24 including any act that is intended to cause or create a

25 risk and does cause or create a risk of death or great

26 bodily harm to one or more persons.

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1 "Clinical psychologist" has the meaning provided in

2 Section 1-103 of the Mental Health and Developmental

3 Disabilities Code.

4 "Controlled substance" means a controlled substance or

5 controlled substance analog as defined in the Illinois

6 Controlled Substances Act.

7 "Counterfeit" means to copy or imitate, without legal

8 authority, with intent to deceive.

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).

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,

15 however:

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;

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;

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;

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

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

7 primarily a collector's item and is not likely to be used

8 as a weapon.

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:

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

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.

5 Nothing in this definition shall be construed to exclude a gun

6 show held in conjunction with competitive shooting events at

7 the World Shooting Complex sanctioned by a national governing

8 body in which the sale or transfer of firearms is authorized

9 under subparagraph (5) of paragraph (g) of subsection (A) of

10 Section 24-3 of the Criminal Code of 2012.

11 Unless otherwise expressly stated, "gun show" does not

12 include training or safety classes, competitive shooting

13 events, such as rifle, shotgun, or handgun matches, trap,

14 skeet, or sporting clays shoots, dinners, banquets, raffles, or

15 any other event where the sale or transfer of firearms is not

16 the primary course of business.

17 "Gun show promoter" means a person who organizes or

18 operates a gun show.

19 "Gun show vendor" means a person who exhibits, sells,

20 offers for sale, transfers, or exchanges any firearms at a gun

21 show, regardless of whether the person arranges with a gun show

22 promoter for a fixed location from which to exhibit, sell,

23 offer for sale, transfer, or exchange any firearm.

24 "Involuntarily admitted" has the meaning as prescribed in

25 Sections 1-119 and 1-119.1 of the Mental Health and

26 Developmental Disabilities Code.

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1 "Mental health facility" means any licensed private

2 hospital or hospital affiliate, institution, or facility, or

3 part thereof, and any facility, or part thereof, operated by

4 the State or a political subdivision thereof which provide

5 treatment of persons with mental illness and includes all

6 hospitals, institutions, clinics, evaluation facilities,

7 mental health centers, colleges, universities, long-term care

8 facilities, and nursing homes, or parts thereof, which provide

9 treatment of persons with mental illness whether or not the

10 primary purpose is to provide treatment of persons with mental

11 illness.

12 "National governing body" means a group of persons who

13 adopt rules and formulate policy on behalf of a national

14 firearm sporting organization.

15 "Patient" means:

16 (1) a person who:

17 (a) is admitted as an in-patient or resident of a

18 public or private mental health facility for mental

19 health treatment under Chapter III of the Mental Health

20 and Developmental Disabilities Code as an informal

21 admission under Article III, a voluntary admission

22 under Article IV, a minor admission under Article V, an

23 emergency admission under Article VI, or an

24 involuntary admission under Article VII; or

25 (b) is otherwise provided mental health treatment

26 as an in-patient or resident by a ~~voluntarily receives~~

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1 ~~mental health treatment as an in-patient or resident of~~

2 ~~any~~ public or private mental health facility, unless

3 the treatment was solely for an alcohol abuse disorder

4 and no other secondary substance abuse disorder or

5 mental illness; or

6 (2) a person who voluntarily or involuntarily receives

7 mental health treatment as an out-patient or is otherwise

8 provided services by a public or private mental health

9 facility, and who poses a clear and present danger to

10 himself, herself, or to others.

11 "Person with a developmental disability" means a person

12 with a disability which is attributable to any other condition

13 which results in impairment similar to that caused by an

14 intellectual disability and which requires services similar to

15 those required by persons with intellectual disabilities. The

16 disability must originate before the age of 18 years, be

17 expected to continue indefinitely, and constitute a

18 substantial disability. This disability results, in the

19 professional opinion of a physician, clinical psychologist, or

20 qualified examiner, in significant functional limitations in 3

21 or more of the following areas of major life activity:

22 (i) self-care;

23 (ii) receptive and expressive language;

24 (iii) learning;

25 (iv) mobility; or

26 (v) self-direction.

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1 "Person with an intellectual disability" means a person

2 with a significantly subaverage general intellectual

3 functioning which exists concurrently with impairment in

4 adaptive behavior and which originates before the age of 18

5 years.

6 "Physician" has the meaning as defined in Section 1-120 of

7 the Mental Health and Developmental Disabilities Code.

8 "Qualified examiner" has the meaning provided in Section

9 1-122 of the Mental Health and Developmental Disabilities Code.

10 "Sanctioned competitive shooting event" means a shooting

11 contest officially recognized by a national or state shooting

12 sport association, and includes any sight-in or practice

13 conducted in conjunction with the event.

14 "School administrator" means the person required to report

15 under the School Administrator Reporting of Mental Health Clear

16 and Present Danger Determinations Law.

17 "Stun gun or taser" has the meaning ascribed to it in

18 Section 24-1 of the Criminal Code of 2012.

19 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

20 eff. 7-27-15; 99-642, eff. 7-28-16.)

21 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

22 Sec. 3.1. Firearm transfer inquiry program ~~Dial up system~~.

23 (a) The Department of State Police shall provide afirearm

24 transfer inquiry program consisting of a dial up telephone

25 system or utilize other existing technology which shall be used

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1 by any federally licensed firearm dealer, gun show promoter, or

2 gun show vendor who is to transfer a firearm, stun gun, or

3 taser under the provisions of this Act. The Department of State

4 Police may utilize existing technology which allows the caller

5 to be charged a fee not to exceed $2. Fees collected by the

6 Department of State Police shall be deposited in the State

7 Police Services Fund and used to provide the service.

8 (b) Upon receiving a request from a federally licensed

9 firearm dealer, gun show promoter, or gun show vendor, the

10 Department of State Police shall immediately approve, or within

11 the time period established by Section 24-3 of the Criminal

12 Code of 2012 regarding the delivery of firearms, stun guns, and

13 tasers notify the inquiring dealer, gun show promoter, or gun

14 show vendor of any objection that would disqualify the

15 transferee from acquiring or possessing a firearm, stun gun, or

16 taser. In conducting the inquiry, the Department of State

17 Police shall initiate and complete an automated search of its

18 criminal history record information files and those of the

19 Federal Bureau of Investigation, including the National

20 Instant Criminal Background Check System, and of the files of

21 the Department of Human Services relating to mental health and

22 developmental disabilities to obtain any felony conviction or

23 patient hospitalization information which would disqualify a

24 person from obtaining or require revocation of a currently

25 valid Firearm Owner's Identification Card.

26 (c) If receipt of a firearm would not violate Section 24-3

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1 of the Criminal Code of 2012, federal law, or this Act the

2 Department of State Police shall:

3 (1) assign a unique identification number to the

4 transfer; and

5 (2) provide the licensee, gun show promoter, or gun

6 show vendor with the number.

7 (d) Approvals issued by the Department of State Police for

8 the purchase of a firearm are valid for 30 days from the date

9 of issue.

10 (e) (1) The Department of State Police must act as the

11 Illinois Point of Contact for the National Instant Criminal

12 Background Check System.

13 (2) The Department of State Police and the Department of

14 Human Services shall, in accordance with State and federal law

15 regarding confidentiality, enter into a memorandum of

16 understanding with the Federal Bureau of Investigation for the

17 purpose of implementing the National Instant Criminal

18 Background Check System in the State. The Department of State

19 Police shall report the name, date of birth, and physical

20 description of any person prohibited from possessing a firearm

21 pursuant to the Firearm Owners Identification Card Act or 18

22 U.S.C. 922(g) and (n) to the National Instant Criminal

23 Background Check System Index, Denied Persons Files.

24 (3) The Department of State Police shall, within 3 business

25 days, provide notice of the disqualification of a person under

26 subsection (b) of this Section or the revocation of a person's

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1 Firearm Owner's Identification Card under Section 8 or Section

2 8.2 of this Act, and the reason for the disqualification or

3 revocation, to all law enforcement agencies with jurisdiction

4 to assist with the seizure of the person's Firearm Owner's

5 Identification Card.

6 (f) The Department of State Police shall adopt rules not

7 inconsistent with this Section to implement this system.

8 (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)

9 (430 ILCS 65/3.3)

10 Sec. 3.3. Report to the local law enforcement agency;

11 notification to the Federal Bureau of Investigation.

12 (a)The Department of State Police must report the name and

13 address of a person to the local law enforcement agency where

14 the person resides if the person attempting to purchase a

15 firearm is disqualified from purchasing a firearm because of

16 information obtained under subsection (a-10) of Section 3 or

17 Section 3.1 that would disqualify the person from obtaining a

18 Firearm Owner's Identification Card under any of subsections

19 (c) through (n) of Section 8 of this Act.

20 (b) The Department of State Police may notify the Federal

21 Bureau of Investigation when a person named on the consolidated

22 Terrorist Watchlist maintained by the Terrorist Screening

23 Center administrated by the Federal Bureau of Investigation is

24 making application for a Firearm Owner's Identification Card.

25 (Source: P.A. 98-508, eff. 8-19-13.)

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1 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

2 Sec. 8. Grounds for denial and revocation. The Department

3 of State Police has authority to deny an application for or to

4 revoke and seize a Firearm Owner's Identification Card

5 previously issued under this Act only if the Department finds

6 that the applicant or the person to whom such card was issued

7 is or was at the time of issuance:

8 (a) A person under 21 years of age who has been

9 convicted of a misdemeanor other than a traffic offense or

10 adjudged delinquent;

11 (b) A person under 21 years of age who does not have

12 the written consent of his parent or guardian to acquire

13 and possess firearms and firearm ammunition, or whose

14 parent or guardian has revoked such written consent, or

15 where such parent or guardian does not qualify to have a

16 Firearm Owner's Identification Card;

17 (c) A person convicted of a felony under the laws of

18 this or any other jurisdiction;

19 (d) A person addicted to narcotics;

20 (e) A person who has been a patient of a mental health

21 facility within the past 5 years or a person who has been a

22 patient in a mental health facility more than 5 years ago

23 who has not received the certification required under

24 subsection (u) of this Section. An active law enforcement

25 officer employed by a unit of government who is denied,

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1 revoked, or has his or her Firearm Owner's Identification

2 Card seized under this subsection (e) may obtain relief as

3 described in subsection (c-5) of Section 10 of this Act if

4 the officer did not act in a manner threatening to the

5 officer, another person, or the public as determined by the

6 treating clinical psychologist or physician, and the

7 officer seeks mental health treatment;

8 (f) A person whose mental condition is of such a nature

9 that it poses a clear and present danger to the applicant,

10 any other person or persons or the community;

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

12 (h) A person who intentionally makes a false statement

13 in the Firearm Owner's Identification Card application;

14 (i) An alien who is unlawfully present in the United

15 States under the laws of the United States;

16 (i-5) An alien who has been admitted to the United

17 States under a non-immigrant visa (as that term is defined

18 in Section 101(a)(26) of the Immigration and Nationality

19 Act (8 U.S.C. 1101(a)(26))), except that this subsection

20 (i-5) does not apply to any alien who has been lawfully

21 admitted to the United States under a non-immigrant visa if

22 that alien is:

23 (1) admitted to the United States for lawful

24 hunting or sporting purposes;

25 (2) an official representative of a foreign

26 government who is:

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1 (A) accredited to the United States Government

2 or the Government's mission to an international

3 organization having its headquarters in the United

4 States; or

5 (B) en route to or from another country to

6 which that alien is accredited;

7 (3) an official of a foreign government or

8 distinguished foreign visitor who has been so

9 designated by the Department of State;

10 (4) a foreign law enforcement officer of a friendly

11 foreign government entering the United States on

12 official business; or

13 (5) one who has received a waiver from the Attorney

14 General of the United States pursuant to 18 U.S.C.

15 922(y)(3);

16 (j) (Blank);

17 (k) A person who has been convicted within the past 5

18 years of battery, assault, aggravated assault, violation

19 of an order of protection, or a substantially similar

20 offense in another jurisdiction, in which a firearm was

21 used or possessed;

22 (l) A person who has been convicted of domestic

23 battery, aggravated domestic battery, or a substantially

24 similar offense in another jurisdiction committed before,

25 on or after January 1, 2012 (the effective date of Public

26 Act 97-158). If the applicant or person who has been

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1 previously issued a Firearm Owner's Identification Card

2 under this Act knowingly and intelligently waives the right

3 to have an offense described in this paragraph (l) tried by

4 a jury, and by guilty plea or otherwise, results in a

5 conviction for an offense in which a domestic relationship

6 is not a required element of the offense but in which a

7 determination of the applicability of 18 U.S.C. 922(g)(9)

8 is made under Section 112A-11.1 of the Code of Criminal

9 Procedure of 1963, an entry by the court of a judgment of

10 conviction for that offense shall be grounds for denying an

11 application for and for revoking and seizing a Firearm

12 Owner's Identification Card previously issued to the

13 person under this Act;

14 (m) (Blank);

15 (n) A person who is prohibited from acquiring or

16 possessing firearms or firearm ammunition by any Illinois

17 State statute or by federal law;

18 (o) A minor subject to a petition filed under Section

19 5-520 of the Juvenile Court Act of 1987 alleging that the

20 minor is a delinquent minor for the commission of an

21 offense that if committed by an adult would be a felony;

22 (p) An adult who had been adjudicated a delinquent

23 minor under the Juvenile Court Act of 1987 for the

24 commission of an offense that if committed by an adult

25 would be a felony;

26 (q) A person who is not a resident of the State of

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1 Illinois, except as provided in subsection (a-10) of

2 Section 4;

3 (r) A person who has been adjudicated as a person with

4 a mental disability;

5 (s) A person who has been found to have a developmental

6 disability;

7 (t) A person involuntarily admitted into a mental

8 health facility; ~~or~~

9 (u) A person who has had his or her Firearm Owner's

10 Identification Card revoked or denied under subsection (e)

11 of this Section or item (iv) of paragraph (2) of subsection

12 (a) of Section 4 of this Act because he or she was a

13 patient in a mental health facility as provided in

14 subsection (e) of this Section, shall not be permitted to

15 obtain a Firearm Owner's Identification Card, after the

16 5-year period has lapsed, unless he or she has received a

17 mental health evaluation by a physician, clinical

18 psychologist, or qualified examiner as those terms are

19 defined in the Mental Health and Developmental

20 Disabilities Code, and has received a certification that he

21 or she is not a clear and present danger to himself,

22 herself, or others. The physician, clinical psychologist,

23 or qualified examiner making the certification and his or

24 her employer shall not be held criminally, civilly, or

25 professionally liable for making or not making the

26 certification required under this subsection, except for

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1 willful or wanton misconduct. This subsection does not

2 apply to a person whose firearm possession rights have been

3 restored through administrative or judicial action under

4 Section 10 or 11 of this Act; or

5 (v) A person who is charged with making a terrorist

6 threat as set forth in Section 29D-20 or soliciting or

7 providing material support for terrorism as set forth in

8 Section 29D-29.9 of the Criminal Code of 2012 or a similar

9 offense of another state or under federal law.

10 Upon revocation of a person's Firearm Owner's

11 Identification Card, the Department of State Police shall

12 provide notice to the person and the person shall comply with

13 Section 9.5 of this Act.

14 (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,

15 eff. 7-16-14; 99-143, eff. 7-27-15.)

16 (430 ILCS 65/9.5)

17 Sec. 9.5. Revocation of Firearm Owner's Identification

18 Card.

19 (a) A person who receives a revocation notice under Section

20 9 of this Act shall, within 48 hours of receiving notice of the

21 revocation:

22 (1) surrender his or her Firearm Owner's

23 Identification Card to the local law enforcement agency

24 where the person resides. The local law enforcement agency

25 shall provide the person a receipt and transmit the Firearm

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1 Owner's Identification Card to the Department of State

2 Police; and

3 (2) complete a Firearm Disposition Record on a form

4 prescribed by the Department of State Police and place his

5 or her firearms in the location or with the person reported

6 in the Firearm Disposition Record. The form shall require

7 the person to disclose:

8 (A) the make, model, and serial number of each

9 firearm owned by or under the custody and control of

10 the revoked person;

11 (B) the location where each firearm will be

12 maintained during the prohibited term; and

13 (C) if any firearm will be transferred to the

14 custody of another person, the name, address and

15 Firearm Owner's Identification Card number of the

16 transferee.

17 (b) The local law enforcement agency shall provide a copy

18 of the Firearm Disposition Record to the person whose Firearm

19 Owner's Identification Card has been revoked and to the

20 Department of State Police.

21 (c) If the person whose Firearm Owner's Identification Card

22 has been revoked fails to comply with the requirements of this

23 Section, the sheriff or law enforcement agency where the person

24 resides may petition the circuit court to issue a warrant to

25 search for and seize the Firearm Owner's Identification Card

26 and firearms in the possession or under the custody or control

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1 of the person whose Firearm Owner's Identification Card has

2 been revoked.

3 (c-5) If the Department of State Police has not received

4 the Firearm Owner's Identification Card or Firearms

5 Disposition Record from the person, the Department shall send

6 notice of noncompliance to the sheriff and law enforcement

7 agency where the person resides and upon request the Department

8 shall make this information of noncompliance available to the

9 sheriff and law enforcement agency where the person resides.

10 (d) A violation of subsection (a) of this Section is a

11 Class A misdemeanor.

12 (e) The observation of a Firearm Owner's Identification

13 Card in the possession of a person whose Firearm Owner's

14 Identification Card has been revoked constitutes a sufficient

15 basis for the arrest of that person for violation of this

16 Section.

17 (f) Within 30 days after the effective date of this

18 amendatory Act of the 98th General Assembly, the Department of

19 State Police shall provide written notice of the requirements

20 of this Section to persons whose Firearm Owner's Identification

21 Cards have been revoked, suspended, or expired and who have

22 failed to surrender their cards to the Department. Within 30

23 days after the effective date of this amendatory Act of the

24 100th General Assembly, and by January 31 of each year

25 thereafter, the Department of State Police shall provide

26 written notice, in the form and manner prescribed by the

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1 Department, of the requirements of this Section to every

2 sheriff and law enforcement agency within this State.

3 (g) A person whose Firearm Owner's Identification Card has

4 been revoked and who received notice under subsection (f) shall

5 comply with the requirements of this Section within 48 hours of

6 receiving notice.

7 (Source: P.A. 98-63, eff. 7-9-13.)

HB5492

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LRB100 20809 SLF 36299 b

INDEX

Statutes amended in order of appearance