Bill Text: IL SB1436 | 2023-2024 | 103rd General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1436 Detail]

Download: Illinois-2023-SB1436-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1436 Introduced 2/7/2023, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
430 ILCS 65/8 from Ch. 38, par. 83-8
Amends the Firearm Owners Identification Card Act. Provides that the authority of the Illinois State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act to a person who is not a resident of the State of Illinois does not apply to an applicant who is an Illinois resident in the United States Military permanently assigned out of state. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 8 as follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois
State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Illinois State
Police finds that the applicant or the person to whom such card
was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) This subsection (b) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80). A person under 21 years of age who does not have
the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or
where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;

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(b-5) This subsection (b-5) applies on and after the
181st day following July 12, 2019 (the effective date of
Public Act 101-80). A person under 21 years of age who is
not an active duty member of the United States Armed
Forces or the Illinois National Guard and does not have
the written consent of his or her parent or guardian to
acquire and possess firearms and firearm ammunition, or
whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government or a Department
of Corrections employee authorized to possess firearms who
is denied, revoked, or has his or her Firearm Owner's
Identification Card seized under this subsection (e) may
obtain relief as described in subsection (c-5) of Section
10 of this Act if the officer or employee did not act in a
manner threatening to the officer or employee, another
person, or the public as determined by the treating

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clinical psychologist or physician, and the officer or
employee seeks mental health treatment;
(f) A person whose mental condition is of such a
nature that it poses a clear and present danger to the
applicant, any other person or persons, or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application or
endorsement affidavit;
(i) A noncitizen who is unlawfully present in the
United States under the laws of the United States;
(i-5) A noncitizen who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any noncitizen who has been
lawfully admitted to the United States under a
non-immigrant visa if that noncitizen is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or

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(B) en route to or from another country to
which that noncitizen is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to 18
U.S.C. 922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the
right to have an offense described in this paragraph (l)
tried by a jury, and by guilty plea or otherwise, results

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in a conviction for an offense in which a domestic
relationship is not a required element of the offense but
in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a
judgment of conviction for that offense shall be grounds
for denying an application for and for revoking and
seizing a Firearm Owner's Identification Card previously
issued to the person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of
Illinois, except for an Illinois resident in the United
States Military permanently assigned out of state or as
provided in subsection (a-10) of Section 4;
(r) A person who has been adjudicated as a person with

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a mental disability;
(s) A person who has been found to have a
developmental disability;
(t) A person involuntarily admitted into a mental
health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of
subsection (a) of Section 4 of this Act because he or she
was a patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that
he or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have
been restored through administrative or judicial action

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under Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide
notice to the person and the person shall comply with Section
9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
5-27-22; 102-1116, eff. 1-10-23.)
Section 99. Effective date. This Act takes effect upon
becoming law.