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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 Firearm Owners Identification Card Act is  | |||||||||||||||||||||||||
| 5 | amended by changing Sections 2, 4, and 8 as follows:
 | |||||||||||||||||||||||||
| 6 |  (430 ILCS 65/2) (from Ch. 38, par. 83-2)
 | |||||||||||||||||||||||||
| 7 |  Sec. 2. Firearm Owner's Identification Card required;  | |||||||||||||||||||||||||
| 8 | exceptions. 
 | |||||||||||||||||||||||||
| 9 |  (a) (1) No person may acquire or possess any firearm, stun  | |||||||||||||||||||||||||
| 10 | gun, or taser within this State
without having in his or her  | |||||||||||||||||||||||||
| 11 | possession a Firearm Owner's Identification Card
previously  | |||||||||||||||||||||||||
| 12 | issued in his or her name by the Department of State Police  | |||||||||||||||||||||||||
| 13 | under
the provisions of this Act.
 | |||||||||||||||||||||||||
| 14 |  (2) No person may acquire or possess firearm ammunition  | |||||||||||||||||||||||||
| 15 | within this
State without having in his or her possession a  | |||||||||||||||||||||||||
| 16 | Firearm Owner's Identification
Card previously issued in his or  | |||||||||||||||||||||||||
| 17 | her name by the Department of State Police
under the provisions  | |||||||||||||||||||||||||
| 18 | of this Act.
 | |||||||||||||||||||||||||
| 19 |  (b) The provisions of this Section regarding the possession  | |||||||||||||||||||||||||
| 20 | of firearms, firearm ammunition, stun guns, and tasers do not  | |||||||||||||||||||||||||
| 21 | apply to:
 | |||||||||||||||||||||||||
| 22 |   (1) United States Marshals, while engaged in the  | |||||||||||||||||||||||||
| 23 |  operation of their
official duties;
 | |||||||||||||||||||||||||
 
  | |||||||
  | |||||||
| 1 |   (2) Members of the Armed Forces of the United States or  | ||||||
| 2 |  the National
Guard, while engaged in the operation of their  | ||||||
| 3 |  official duties;
 | ||||||
| 4 |   (3) Federal officials required to carry firearms,  | ||||||
| 5 |  while engaged in the
operation of their official duties;
 | ||||||
| 6 |   (4) Members of bona fide veterans organizations which  | ||||||
| 7 |  receive firearms
directly from the armed forces of the  | ||||||
| 8 |  United States, while using the
firearms for ceremonial  | ||||||
| 9 |  purposes with blank ammunition;
 | ||||||
| 10 |   (5) Nonresident hunters during hunting season, with  | ||||||
| 11 |  valid nonresident
hunting licenses and while in an area  | ||||||
| 12 |  where hunting is permitted; however,
at all other times and  | ||||||
| 13 |  in all other places these persons must have their
firearms  | ||||||
| 14 |  unloaded and enclosed in a case;
 | ||||||
| 15 |   (6) Those hunters exempt from obtaining a hunting  | ||||||
| 16 |  license who are
required to submit their Firearm Owner's  | ||||||
| 17 |  Identification Card when hunting
on Department of Natural  | ||||||
| 18 |  Resources owned or managed sites;
 | ||||||
| 19 |   (7) Nonresidents while on a firing or shooting range  | ||||||
| 20 |  recognized by the
Department of State Police; however,  | ||||||
| 21 |  these persons must at all other times
and in all other  | ||||||
| 22 |  places have their firearms unloaded and enclosed in a case;
 | ||||||
| 23 |   (8) Nonresidents while at a firearm showing or display  | ||||||
| 24 |  recognized by
the Department of State Police; however, at  | ||||||
| 25 |  all other times and in all
other places these persons must  | ||||||
| 26 |  have their firearms unloaded and enclosed
in a case;
 | ||||||
 
  | |||||||
  | |||||||
| 1 |   (9) Nonresidents whose firearms are unloaded and  | ||||||
| 2 |  enclosed in a case;
 | ||||||
| 3 |   (10) Nonresidents who are currently licensed or  | ||||||
| 4 |  registered to possess a
firearm in their resident state;
 | ||||||
| 5 |   (11) Unemancipated minors while in the custody and  | ||||||
| 6 |  immediate control of
their parent or legal guardian or  | ||||||
| 7 |  other person in loco parentis to the
minor if the parent or  | ||||||
| 8 |  legal guardian or other person in loco parentis to
the  | ||||||
| 9 |  minor has a currently valid Firearm Owner's Identification
 | ||||||
| 10 |  Card;
 | ||||||
| 11 |   (12) Color guards of bona fide veterans organizations  | ||||||
| 12 |  or members of bona
fide American Legion bands while using  | ||||||
| 13 |  firearms for ceremonial purposes
with blank ammunition;
 | ||||||
| 14 |   (13) Nonresident hunters whose state of residence does  | ||||||
| 15 |  not require
them to be licensed or registered to possess a  | ||||||
| 16 |  firearm and only during
hunting season, with valid hunting  | ||||||
| 17 |  licenses, while accompanied by, and
using a firearm owned  | ||||||
| 18 |  by, a person who possesses a valid Firearm Owner's
 | ||||||
| 19 |  Identification Card and while in an area within a  | ||||||
| 20 |  commercial club licensed
under the Wildlife Code where  | ||||||
| 21 |  hunting is permitted and controlled, but in
no instance  | ||||||
| 22 |  upon sites owned or managed by the Department of Natural
 | ||||||
| 23 |  Resources;
 | ||||||
| 24 |   (14) Resident hunters who are properly authorized to  | ||||||
| 25 |  hunt and,
while accompanied by a person who possesses a  | ||||||
| 26 |  valid Firearm Owner's
Identification Card, hunt in an area  | ||||||
 
  | |||||||
  | |||||||
| 1 |  within a commercial club licensed
under the Wildlife Code  | ||||||
| 2 |  where hunting is permitted and controlled;
 | ||||||
| 3 |   (15) A person who is otherwise eligible to obtain a  | ||||||
| 4 |  Firearm Owner's
Identification Card under this Act and is  | ||||||
| 5 |  under the direct supervision of a
holder of a Firearm
 | ||||||
| 6 |  Owner's Identification Card who is 18 21 years of age or  | ||||||
| 7 |  older while the person is
on a firing or shooting range
or  | ||||||
| 8 |  is a
participant in a firearms safety and training course  | ||||||
| 9 |  recognized by a law
enforcement agency or a national,  | ||||||
| 10 |  statewide shooting sports organization; and
 | ||||||
| 11 |   (16) Competitive shooting athletes whose competition  | ||||||
| 12 |  firearms are sanctioned by the International Olympic  | ||||||
| 13 |  Committee, the International Paralympic Committee, the  | ||||||
| 14 |  International Shooting Sport Federation, or USA Shooting  | ||||||
| 15 |  in connection with such athletes' training for and  | ||||||
| 16 |  participation in shooting competitions at the 2016 Olympic  | ||||||
| 17 |  and Paralympic Games and sanctioned test events leading up  | ||||||
| 18 |  to the 2016 Olympic and Paralympic Games.  | ||||||
| 19 |  (c) The provisions of this Section regarding the  | ||||||
| 20 | acquisition and possession
of firearms, firearm ammunition,  | ||||||
| 21 | stun guns, and tasers do not apply to law enforcement officials
 | ||||||
| 22 | of this or any other jurisdiction, while engaged in the  | ||||||
| 23 | operation of their
official duties.
 | ||||||
| 24 |  (c-5) The provisions of paragraphs (1) and (2) of  | ||||||
| 25 | subsection (a) of this Section regarding the possession of  | ||||||
| 26 | firearms
and firearm ammunition do not apply to the holder of a  | ||||||
 
  | |||||||
  | |||||||
| 1 | valid concealed carry
license issued under the Firearm  | ||||||
| 2 | Concealed Carry Act who is in physical
possession of the  | ||||||
| 3 | concealed carry license.  | ||||||
| 4 |  (d) Any person who becomes a resident of this State, who is  | ||||||
| 5 | not otherwise prohibited from obtaining, possessing, or using a  | ||||||
| 6 | firearm or firearm ammunition, shall not be required to have a  | ||||||
| 7 | Firearm Owner's Identification Card to possess firearms or  | ||||||
| 8 | firearms ammunition until 60 calendar days after he or she  | ||||||
| 9 | obtains an Illinois driver's license or Illinois  | ||||||
| 10 | Identification Card.  | ||||||
| 11 | (Source: P.A. 99-29, eff. 7-10-15.)
 | ||||||
| 12 |  (430 ILCS 65/4) (from Ch. 38, par. 83-4)
 | ||||||
| 13 |  Sec. 4. Application for Firearm Owner's Identification  | ||||||
| 14 | Cards.  | ||||||
| 15 |  (a) Each applicant for a Firearm Owner's Identification  | ||||||
| 16 | Card must: 
 | ||||||
| 17 |   (1) Make application on blank forms prepared and  | ||||||
| 18 |  furnished at convenient
locations throughout the State by  | ||||||
| 19 |  the Department of State Police, or by
electronic means, if  | ||||||
| 20 |  and when made available by the Department of State
Police;  | ||||||
| 21 |  and
 | ||||||
| 22 |   (2) Submit evidence to the Department of State Police  | ||||||
| 23 |  that:
 | ||||||
| 24 |    (i) This subparagraph (i) applies through the  | ||||||
| 25 |  180th day following the effective date of this  | ||||||
 
  | |||||||
  | |||||||
| 1 |  amendatory Act of the 101st General Assembly. He or she  | ||||||
| 2 |  is 18 21 years of age or over, or if he or she is under  | ||||||
| 3 |  18 21
years of age that he or she has never been  | ||||||
| 4 |  convicted of a misdemeanor other than a traffic offense  | ||||||
| 5 |  or adjudged delinquent and is an active duty member of  | ||||||
| 6 |  the United States Armed Forces or has the written  | ||||||
| 7 |  consent of his or her parent or
legal guardian to  | ||||||
| 8 |  possess and acquire firearms and firearm ammunition  | ||||||
| 9 |  and that
he or she has never been convicted of a  | ||||||
| 10 |  misdemeanor other than a traffic
offense or adjudged
 | ||||||
| 11 |  delinquent, provided, however, that such parent or  | ||||||
| 12 |  legal guardian is not an
individual prohibited from  | ||||||
| 13 |  having a Firearm Owner's Identification Card and
files  | ||||||
| 14 |  an affidavit with the Department as prescribed by the  | ||||||
| 15 |  Department
stating that he or she is not an individual  | ||||||
| 16 |  prohibited from having a Card; | ||||||
| 17 |    (i-5) This subparagraph (i-5) applies on and after  | ||||||
| 18 |  the 181st day following the effective date of this  | ||||||
| 19 |  amendatory Act of the 101st General Assembly. He or she  | ||||||
| 20 |  is 18 21 years of age or over, or if he or she is under  | ||||||
| 21 |  18 21
years of age that he or she has never been  | ||||||
| 22 |  convicted of a misdemeanor other than a traffic offense  | ||||||
| 23 |  or adjudged delinquent and is an active duty member of  | ||||||
| 24 |  the United States Armed Forces or has the written  | ||||||
| 25 |  consent of his or her parent or
legal guardian to  | ||||||
| 26 |  possess and acquire firearms and firearm ammunition,  | ||||||
 
  | |||||||
  | |||||||
| 1 |  provided, however, that such parent or legal guardian  | ||||||
| 2 |  is not an
individual prohibited from having a Firearm  | ||||||
| 3 |  Owner's Identification Card and
files an affidavit  | ||||||
| 4 |  with the Department as prescribed by the Department
 | ||||||
| 5 |  stating that he or she is not an individual prohibited  | ||||||
| 6 |  from having a Card or the active duty member of the  | ||||||
| 7 |  United States Armed Forces under 18 21 years of age  | ||||||
| 8 |  annually submits proof to the Department of State  | ||||||
| 9 |  Police, in a manner prescribed by the Department; 
 | ||||||
| 10 |    (ii) He or she has not been convicted of a felony  | ||||||
| 11 |  under the laws of
this or any other jurisdiction;
 | ||||||
| 12 |    (iii) He or she is not addicted to narcotics;
 | ||||||
| 13 |    (iv) He or she has not been a patient in a mental  | ||||||
| 14 |  health facility within
the past 5 years or, if he or  | ||||||
| 15 |  she has been a patient in a mental health facility more  | ||||||
| 16 |  than 5 years ago submit the certification required  | ||||||
| 17 |  under subsection (u) of Section 8 of this Act;
 | ||||||
| 18 |    (v) He or she is not a person with an intellectual  | ||||||
| 19 |  disability;
 | ||||||
| 20 |    (vi) He or she is not an alien who is unlawfully  | ||||||
| 21 |  present in the
United States under the laws of the  | ||||||
| 22 |  United States;
 | ||||||
| 23 |    (vii) He or she is not subject to an existing order  | ||||||
| 24 |  of protection
prohibiting him or her from possessing a  | ||||||
| 25 |  firearm;
 | ||||||
| 26 |    (viii) He or she has not been convicted within the  | ||||||
 
  | |||||||
  | |||||||
| 1 |  past 5 years of
battery, assault, aggravated assault,  | ||||||
| 2 |  violation of an order of
protection, or a substantially  | ||||||
| 3 |  similar offense in another jurisdiction, in
which a  | ||||||
| 4 |  firearm was used or possessed;
 | ||||||
| 5 |    (ix) He or she has not been convicted of domestic  | ||||||
| 6 |  battery, aggravated domestic battery, or a
 | ||||||
| 7 |  substantially similar offense in another
jurisdiction  | ||||||
| 8 |  committed before, on or after January 1, 2012 (the  | ||||||
| 9 |  effective date of Public Act 97-158). If the applicant  | ||||||
| 10 |  knowingly and intelligently waives the right to have an  | ||||||
| 11 |  offense described in this clause (ix) tried by a jury,  | ||||||
| 12 |  and by guilty plea or otherwise, results in a  | ||||||
| 13 |  conviction for an offense in which a domestic  | ||||||
| 14 |  relationship is not a required element of the offense  | ||||||
| 15 |  but in which a determination of the applicability of 18  | ||||||
| 16 |  U.S.C. 922(g)(9) is made under Section 112A-11.1 of the  | ||||||
| 17 |  Code of Criminal Procedure of 1963, an entry by the  | ||||||
| 18 |  court of a judgment of conviction for that offense  | ||||||
| 19 |  shall be grounds for denying the issuance of a Firearm  | ||||||
| 20 |  Owner's Identification Card under this Section;
 | ||||||
| 21 |    (x) (Blank);
 | ||||||
| 22 |    (xi) He or she is not an alien who has been  | ||||||
| 23 |  admitted to the United
States under a non-immigrant  | ||||||
| 24 |  visa (as that term is defined in Section
101(a)(26) of  | ||||||
| 25 |  the Immigration and Nationality Act (8 U.S.C.  | ||||||
| 26 |  1101(a)(26))),
or that he or she is an alien who has  | ||||||
 
  | |||||||
  | |||||||
| 1 |  been lawfully admitted to the United
States under a  | ||||||
| 2 |  non-immigrant visa if that alien is:
 | ||||||
| 3 |     (1) admitted to the United States for lawful  | ||||||
| 4 |  hunting or sporting
purposes;
 | ||||||
| 5 |     (2) an official representative of a foreign  | ||||||
| 6 |  government who is:
 | ||||||
| 7 |      (A) accredited to the United States  | ||||||
| 8 |  Government or the Government's
mission to an  | ||||||
| 9 |  international organization having its  | ||||||
| 10 |  headquarters in the United
States; or
 | ||||||
| 11 |      (B) en route to or from another country to  | ||||||
| 12 |  which that alien is
accredited;
 | ||||||
| 13 |     (3) an official of a foreign government or  | ||||||
| 14 |  distinguished foreign
visitor who has been so  | ||||||
| 15 |  designated by the Department of State;
 | ||||||
| 16 |     (4) a foreign law enforcement officer of a  | ||||||
| 17 |  friendly foreign
government entering the United  | ||||||
| 18 |  States on official business; or
 | ||||||
| 19 |     (5) one who has received a waiver from the  | ||||||
| 20 |  Attorney General of the
United States pursuant to  | ||||||
| 21 |  18 U.S.C. 922(y)(3);
 | ||||||
| 22 |    (xii) He or she is not a minor subject to a  | ||||||
| 23 |  petition filed
under Section 5-520 of the Juvenile  | ||||||
| 24 |  Court Act of 1987 alleging that the
minor is a  | ||||||
| 25 |  delinquent minor for the commission of an offense that  | ||||||
| 26 |  if
committed by an adult would be a felony;
 | ||||||
 
  | |||||||
  | |||||||
| 1 |    (xiii) He or she is not an adult who had been  | ||||||
| 2 |  adjudicated a delinquent
minor under the Juvenile  | ||||||
| 3 |  Court Act of 1987 for the commission of an offense
that  | ||||||
| 4 |  if committed by an adult would be a felony;
 | ||||||
| 5 |    (xiv) He or she is a resident of the State of  | ||||||
| 6 |  Illinois;  | ||||||
| 7 |    (xv) He or she has not been adjudicated as a person  | ||||||
| 8 |  with a mental disability;  | ||||||
| 9 |    (xvi) He or she has not been involuntarily admitted  | ||||||
| 10 |  into a mental health facility; and  | ||||||
| 11 |    (xvii) He or she is not a person with a  | ||||||
| 12 |  developmental disability; and  | ||||||
| 13 |   (3) Upon request by the Department of State Police,  | ||||||
| 14 |  sign a release on a
form prescribed by the Department of  | ||||||
| 15 |  State Police waiving any right to
confidentiality and  | ||||||
| 16 |  requesting the disclosure to the Department of State Police
 | ||||||
| 17 |  of limited mental health institution admission information  | ||||||
| 18 |  from another state,
the District of Columbia, any other  | ||||||
| 19 |  territory of the United States, or a
foreign nation  | ||||||
| 20 |  concerning the applicant for the sole purpose of  | ||||||
| 21 |  determining
whether the applicant is or was a patient in a  | ||||||
| 22 |  mental health institution and
disqualified because of that  | ||||||
| 23 |  status from receiving a Firearm Owner's
Identification  | ||||||
| 24 |  Card. No mental health care or treatment records may be
 | ||||||
| 25 |  requested. The information received shall be destroyed  | ||||||
| 26 |  within one year of
receipt.
 | ||||||
 
  | |||||||
  | |||||||
| 1 |  (a-5) Each applicant for a Firearm Owner's Identification  | ||||||
| 2 | Card who is over
the age of 18 shall furnish to the Department  | ||||||
| 3 | of State Police either his or
her Illinois driver's license  | ||||||
| 4 | number or Illinois Identification Card number, except as
 | ||||||
| 5 | provided in subsection (a-10).
 | ||||||
| 6 |  (a-10) Each applicant for a Firearm Owner's Identification  | ||||||
| 7 | Card,
who is employed as a law enforcement officer, an armed  | ||||||
| 8 | security officer in Illinois, or by the United States Military
 | ||||||
| 9 | permanently assigned in Illinois and who is not an Illinois  | ||||||
| 10 | resident, shall furnish to
the Department of State Police his  | ||||||
| 11 | or her driver's license number or state
identification card  | ||||||
| 12 | number from his or her state of residence. The Department
of  | ||||||
| 13 | State Police may adopt rules to enforce the provisions of this
 | ||||||
| 14 | subsection (a-10).
 | ||||||
| 15 |  (a-15) If an applicant applying for a Firearm Owner's  | ||||||
| 16 | Identification Card moves from the residence address named in  | ||||||
| 17 | the application, he or she shall immediately notify in a form  | ||||||
| 18 | and manner prescribed by the Department of State Police of that  | ||||||
| 19 | change of address. | ||||||
| 20 |  (a-20) Each applicant for a Firearm Owner's Identification  | ||||||
| 21 | Card shall furnish to the Department of State Police his or her  | ||||||
| 22 | photograph. An applicant who is 18 21 years of age or older  | ||||||
| 23 | seeking a religious exemption to the photograph requirement  | ||||||
| 24 | must furnish with the application an approved copy of United  | ||||||
| 25 | States Department of the Treasury Internal Revenue Service Form  | ||||||
| 26 | 4029. In lieu of a photograph, an applicant regardless of age  | ||||||
 
  | |||||||
  | |||||||
| 1 | seeking a religious exemption to the photograph requirement  | ||||||
| 2 | shall submit fingerprints on a form and manner prescribed by  | ||||||
| 3 | the Department with his or her application.  | ||||||
| 4 |  (b) Each application form shall include the following  | ||||||
| 5 | statement printed in
bold type: "Warning: Entering false  | ||||||
| 6 | information on an application for a Firearm
Owner's  | ||||||
| 7 | Identification Card is punishable as a Class 2 felony in  | ||||||
| 8 | accordance
with subsection (d-5) of Section 14 of the Firearm  | ||||||
| 9 | Owners Identification Card
Act.".
 | ||||||
| 10 |  (c) Upon such written consent, pursuant to Section 4,  | ||||||
| 11 | paragraph (a)(2)(i),
the parent or legal guardian giving the  | ||||||
| 12 | consent shall be liable for any
damages resulting from the  | ||||||
| 13 | applicant's use of firearms or firearm ammunition.
 | ||||||
| 14 | (Source: P.A. 101-80, eff. 7-12-19.)
 | ||||||
| 15 |  (430 ILCS 65/8) (from Ch. 38, par. 83-8)
 | ||||||
| 16 |  Sec. 8. Grounds for denial and revocation. The Department  | ||||||
| 17 | of State Police has authority to deny an
application for or to  | ||||||
| 18 | revoke and seize a Firearm Owner's Identification
Card  | ||||||
| 19 | previously issued under this Act only if the Department finds  | ||||||
| 20 | that the
applicant or the person to whom such card was issued  | ||||||
| 21 | is or was at the time
of issuance:
 | ||||||
| 22 |   (a) A person under 18 21 years of age who has been  | ||||||
| 23 |  convicted of a
misdemeanor other than a traffic offense or  | ||||||
| 24 |  adjudged delinquent;
 | ||||||
| 25 |   (b) This subsection (b) applies through the 180th day  | ||||||
 
  | |||||||
  | |||||||
| 1 |  following the effective date of this amendatory Act of the  | ||||||
| 2 |  101st General Assembly. A person under 18 21 years of age  | ||||||
| 3 |  who is not an active duty member of the of the United  | ||||||
| 4 |  States Armed Forces and does not have the written consent
 | ||||||
| 5 |  of his parent or guardian to acquire and possess firearms  | ||||||
| 6 |  and firearm
ammunition, or whose parent or guardian has  | ||||||
| 7 |  revoked such written consent,
or where such parent or  | ||||||
| 8 |  guardian does not qualify to have a Firearm Owner's
 | ||||||
| 9 |  Identification Card; | ||||||
| 10 |   (b-5) This subsection (b-5) applies on and after the  | ||||||
| 11 |  181st day following the effective date of this amendatory  | ||||||
| 12 |  Act of the 101st General Assembly. A person under 18 21  | ||||||
| 13 |  years of age who is not an active duty member of the United  | ||||||
| 14 |  States Armed Forces and does not have the written consent
 | ||||||
| 15 |  of his or her parent or guardian to acquire and possess  | ||||||
| 16 |  firearms and firearm
ammunition, or whose parent or  | ||||||
| 17 |  guardian has revoked such written consent,
or where such  | ||||||
| 18 |  parent or guardian does not qualify to have a Firearm  | ||||||
| 19 |  Owner's
Identification Card; 
 | ||||||
| 20 |   (c) A person convicted of a felony under the laws of  | ||||||
| 21 |  this or any other
jurisdiction;
 | ||||||
| 22 |   (d) A person addicted to narcotics;
 | ||||||
| 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  | ||||||
| 26 |  who has not received the certification required under  | ||||||
 
  | |||||||
  | |||||||
| 1 |  subsection (u) of this Section. An active law enforcement  | ||||||
| 2 |  officer employed by a unit of government who is denied,  | ||||||
| 3 |  revoked, or has his or her Firearm Owner's Identification  | ||||||
| 4 |  Card seized under this subsection (e) may obtain relief as  | ||||||
| 5 |  described in subsection (c-5) of Section 10 of this Act if  | ||||||
| 6 |  the officer did not act in a manner threatening to the  | ||||||
| 7 |  officer, another person, or the public as determined by the  | ||||||
| 8 |  treating clinical psychologist or physician, and the  | ||||||
| 9 |  officer seeks mental health treatment;
 | ||||||
| 10 |   (f) A person whose mental condition is of such a nature  | ||||||
| 11 |  that it poses
a clear and present danger to the applicant,  | ||||||
| 12 |  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;
 | ||||||
| 16 |   (i) An alien who is unlawfully present in
the United  | ||||||
| 17 |  States under the laws of the United States;
 | ||||||
| 18 |   (i-5) An alien who has been admitted to the United  | ||||||
| 19 |  States under a
non-immigrant visa (as that term is defined  | ||||||
| 20 |  in Section 101(a)(26) of the
Immigration and Nationality  | ||||||
| 21 |  Act (8 U.S.C. 1101(a)(26))), except that this
subsection  | ||||||
| 22 |  (i-5) does not apply to any alien who has been lawfully  | ||||||
| 23 |  admitted to
the United States under a non-immigrant visa if  | ||||||
| 24 |  that alien is:
 | ||||||
| 25 |    (1) admitted to the United States for lawful  | ||||||
| 26 |  hunting or sporting purposes;
 | ||||||
 
  | |||||||
  | |||||||
| 1 |    (2) an official representative of a foreign  | ||||||
| 2 |  government who is:
 | ||||||
| 3 |     (A) accredited to the United States Government  | ||||||
| 4 |  or the Government's
mission to an international  | ||||||
| 5 |  organization having its headquarters in the United
 | ||||||
| 6 |  States; or
 | ||||||
| 7 |     (B) en route to or from another country to  | ||||||
| 8 |  which that alien is
accredited;
 | ||||||
| 9 |    (3) an official of a foreign government or  | ||||||
| 10 |  distinguished foreign visitor
who has been so  | ||||||
| 11 |  designated by the Department of State;
 | ||||||
| 12 |    (4) a foreign law enforcement officer of a friendly  | ||||||
| 13 |  foreign government
entering the United States on  | ||||||
| 14 |  official business; or
 | ||||||
| 15 |    (5) one who has received a waiver from the Attorney  | ||||||
| 16 |  General of the United
States pursuant to 18 U.S.C.  | ||||||
| 17 |  922(y)(3);
 | ||||||
| 18 |   (j) (Blank);
 | ||||||
| 19 |   (k) A person who has been convicted within the past 5  | ||||||
| 20 |  years of battery,
assault, aggravated assault, violation  | ||||||
| 21 |  of an order of protection, or a
substantially similar  | ||||||
| 22 |  offense in another jurisdiction, in which a firearm was
 | ||||||
| 23 |  used or possessed;
 | ||||||
| 24 |   (l) A person who has been convicted of domestic  | ||||||
| 25 |  battery, aggravated domestic battery, or a substantially
 | ||||||
| 26 |  similar offense in another jurisdiction committed before,  | ||||||
 
  | |||||||
  | |||||||
| 1 |  on or after January 1, 2012 (the effective date of Public  | ||||||
| 2 |  Act 97-158). If the applicant or person who has been  | ||||||
| 3 |  previously issued a Firearm Owner's Identification Card  | ||||||
| 4 |  under this Act knowingly and intelligently waives the right  | ||||||
| 5 |  to have an offense described in this paragraph (l) tried by  | ||||||
| 6 |  a jury, and by guilty plea or otherwise, results in a  | ||||||
| 7 |  conviction for an offense in which a domestic relationship  | ||||||
| 8 |  is not a required element of the offense but in which a  | ||||||
| 9 |  determination of the applicability of 18 U.S.C. 922(g)(9)  | ||||||
| 10 |  is made under Section 112A-11.1 of the Code of Criminal  | ||||||
| 11 |  Procedure of 1963, an entry by the court of a judgment of  | ||||||
| 12 |  conviction for that offense shall be grounds for denying an  | ||||||
| 13 |  application for and for revoking and seizing a Firearm  | ||||||
| 14 |  Owner's Identification Card previously issued to the  | ||||||
| 15 |  person under this Act;
 | ||||||
| 16 |   (m) (Blank);
 | ||||||
| 17 |   (n) A person who is prohibited from acquiring or  | ||||||
| 18 |  possessing
firearms or firearm ammunition by any Illinois  | ||||||
| 19 |  State statute or by federal
law;
 | ||||||
| 20 |   (o) A minor subject to a petition filed under Section  | ||||||
| 21 |  5-520 of the
Juvenile Court Act of 1987 alleging that the  | ||||||
| 22 |  minor is a delinquent minor for
the commission of an  | ||||||
| 23 |  offense that if committed by an adult would be a felony;
 | ||||||
| 24 |   (p) An adult who had been adjudicated a delinquent  | ||||||
| 25 |  minor under the Juvenile
Court Act of 1987 for the  | ||||||
| 26 |  commission of an offense that if committed by an
adult  | ||||||
 
  | |||||||
  | |||||||
| 1 |  would be a felony;
 | ||||||
| 2 |   (q) A person who is not a resident of the State of  | ||||||
| 3 |  Illinois, except as provided in subsection (a-10) of  | ||||||
| 4 |  Section 4;  | ||||||
| 5 |   (r) A person who has been adjudicated as a person with  | ||||||
| 6 |  a mental disability;  | ||||||
| 7 |   (s) A person who has been found to have a developmental  | ||||||
| 8 |  disability;  | ||||||
| 9 |   (t) A person involuntarily admitted into a mental  | ||||||
| 10 |  health facility; or  | ||||||
| 11 |   (u) A person who has had his or her Firearm Owner's  | ||||||
| 12 |  Identification Card revoked or denied under subsection (e)  | ||||||
| 13 |  of this Section or item (iv) of paragraph (2) of subsection  | ||||||
| 14 |  (a) of Section 4 of this Act because he or she was a  | ||||||
| 15 |  patient in a mental health facility as provided in  | ||||||
| 16 |  subsection (e) of this Section, shall not be permitted to  | ||||||
| 17 |  obtain a Firearm Owner's Identification Card, after the  | ||||||
| 18 |  5-year period has lapsed, unless he or she has received a  | ||||||
| 19 |  mental health evaluation by a physician, clinical  | ||||||
| 20 |  psychologist, or qualified examiner as those terms are  | ||||||
| 21 |  defined in the Mental Health and Developmental  | ||||||
| 22 |  Disabilities Code, and has received a certification that he  | ||||||
| 23 |  or she is not a clear and present danger to himself,  | ||||||
| 24 |  herself, or others. The physician, clinical psychologist,  | ||||||
| 25 |  or qualified examiner making the certification and his or  | ||||||
| 26 |  her employer shall not be held criminally, civilly, or  | ||||||
 
  | |||||||
  | |||||||
| 1 |  professionally liable for making or not making the  | ||||||
| 2 |  certification required under this subsection, except for  | ||||||
| 3 |  willful or wanton misconduct. This subsection does not  | ||||||
| 4 |  apply to a person whose firearm possession rights have been  | ||||||
| 5 |  restored through administrative or judicial action under  | ||||||
| 6 |  Section 10 or 11 of this Act.  | ||||||
| 7 |  Upon revocation of a person's Firearm Owner's  | ||||||
| 8 | Identification Card, the Department of State Police shall  | ||||||
| 9 | provide notice to the person and the person shall comply with  | ||||||
| 10 | Section 9.5 of this Act.  | ||||||
| 11 | (Source: P.A. 101-80, eff. 7-12-19.)
 | ||||||
| 12 |  Section 10. The Firearm Concealed Carry Act is amended by  | ||||||
| 13 | changing Section 25 as follows:
 | ||||||
| 14 |  (430 ILCS 66/25)
 | ||||||
| 15 |  Sec. 25. Qualifications for a license.  | ||||||
| 16 |  The Department shall issue a license to an applicant  | ||||||
| 17 | completing an application in accordance with Section 30 of this  | ||||||
| 18 | Act if the person: | ||||||
| 19 |   (1) is at least 18 21 years of age or is an active duty  | ||||||
| 20 |  member of the United States Armed Forces; | ||||||
| 21 |   (2) has a currently valid Firearm Owner's  | ||||||
| 22 |  Identification Card and at the time of application meets  | ||||||
| 23 |  the requirements for the issuance of a Firearm Owner's  | ||||||
| 24 |  Identification Card and is not prohibited under the Firearm  | ||||||
 
  | |||||||
  | |||||||
| 1 |  Owners Identification Card Act or federal law from  | ||||||
| 2 |  possessing or receiving a firearm; | ||||||
| 3 |   (3) has not been convicted or found guilty in this  | ||||||
| 4 |  State or in any other state of: | ||||||
| 5 |    (A) a misdemeanor involving the use or threat of  | ||||||
| 6 |  physical force or violence to any person within the 5  | ||||||
| 7 |  years preceding the date of the license application; or | ||||||
| 8 |    (B) 2 or more violations related to driving while  | ||||||
| 9 |  under the influence of alcohol, other drug or drugs,  | ||||||
| 10 |  intoxicating compound or compounds, or any combination  | ||||||
| 11 |  thereof, within the 5 years preceding the date of the  | ||||||
| 12 |  license application; | ||||||
| 13 |   (4) is not the subject of a pending arrest warrant,  | ||||||
| 14 |  prosecution, or proceeding for an offense or action that  | ||||||
| 15 |  could lead to disqualification to own or possess a firearm; | ||||||
| 16 |   (5) has not been in residential or court-ordered  | ||||||
| 17 |  treatment for alcoholism, alcohol detoxification, or drug  | ||||||
| 18 |  treatment within the 5 years immediately preceding the date  | ||||||
| 19 |  of the license application; and | ||||||
| 20 |   (6) has completed firearms training and any education  | ||||||
| 21 |  component required under Section 75 of this Act.
 | ||||||
| 22 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 | ||||||