Bill Text: IL SB3119 | 2023-2024 | 103rd General Assembly | Introduced
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) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3119 Detail]
Download: Illinois-2023-SB3119-Introduced.html
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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, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||
5 | amended by changing Section 8 as follows:
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6 | (430 ILCS 65/8) (from Ch. 38, par. 83-8) | |||||||||||||||||||
7 | Sec. 8. Grounds for denial and revocation. The Illinois | |||||||||||||||||||
8 | State Police has authority to deny an application for or to | |||||||||||||||||||
9 | revoke and seize a Firearm Owner's Identification Card | |||||||||||||||||||
10 | previously issued under this Act only if the Illinois State | |||||||||||||||||||
11 | Police finds that the applicant or the person to whom such card | |||||||||||||||||||
12 | was issued is or was at the time of issuance: | |||||||||||||||||||
13 | (a) A person under 21 years of age who has been | |||||||||||||||||||
14 | convicted of a misdemeanor other than a traffic offense or | |||||||||||||||||||
15 | adjudged delinquent; | |||||||||||||||||||
16 | (b) This subsection (b) applies through the 180th day | |||||||||||||||||||
17 | following July 12, 2019 (the effective date of Public Act | |||||||||||||||||||
18 | 101-80). A person under 21 years of age who does not have | |||||||||||||||||||
19 | the written consent of his parent or guardian to acquire | |||||||||||||||||||
20 | and possess firearms and firearm ammunition, or whose | |||||||||||||||||||
21 | parent or guardian has revoked such written consent, or | |||||||||||||||||||
22 | where such parent or guardian does not qualify to have a | |||||||||||||||||||
23 | Firearm Owner's Identification Card; |
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1 | (b-5) This subsection (b-5) applies on and after the | ||||||
2 | 181st day following July 12, 2019 (the effective date of | ||||||
3 | Public Act 101-80). A person under 21 years of age who is | ||||||
4 | not an active duty member of the United States Armed | ||||||
5 | Forces or the Illinois National Guard and does not have | ||||||
6 | the written consent of his or her parent or guardian to | ||||||
7 | acquire and possess firearms and firearm ammunition, or | ||||||
8 | whose parent or guardian has revoked such written consent, | ||||||
9 | or where such parent or guardian does not qualify to have a | ||||||
10 | Firearm Owner's Identification Card; | ||||||
11 | (c) A person convicted of a felony under the laws of | ||||||
12 | this or any other jurisdiction; | ||||||
13 | (d) A person addicted to narcotics; | ||||||
14 | (e) A person who has been a patient of a mental health | ||||||
15 | facility within the past 5 years or a person who has been a | ||||||
16 | patient in a mental health facility more than 5 years ago | ||||||
17 | who has not received the certification required under | ||||||
18 | subsection (u) of this Section. An active law enforcement | ||||||
19 | officer employed by a unit of government or a Department | ||||||
20 | of Corrections employee authorized to possess firearms who | ||||||
21 | is denied, revoked, or has his or her Firearm Owner's | ||||||
22 | Identification Card seized under this subsection (e) may | ||||||
23 | obtain relief as described in subsection (c-5) of Section | ||||||
24 | 10 of this Act if the officer or employee did not act in a | ||||||
25 | manner threatening to the officer or employee, another | ||||||
26 | person, or the public as determined by the treating |
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1 | clinical psychologist or physician, and the officer or | ||||||
2 | employee seeks mental health treatment; | ||||||
3 | (f) A person whose mental condition is of such a | ||||||
4 | nature that it poses a clear and present danger to the | ||||||
5 | applicant, any other person or persons, or the community; | ||||||
6 | (g) A person who has an intellectual disability; | ||||||
7 | (h) A person who intentionally makes a false statement | ||||||
8 | in the Firearm Owner's Identification Card application or | ||||||
9 | endorsement affidavit; | ||||||
10 | (i) A noncitizen who is unlawfully present in the | ||||||
11 | United States under the laws of the United States; | ||||||
12 | (i-5) A noncitizen who has been admitted to the United | ||||||
13 | States under a non-immigrant visa (as that term is defined | ||||||
14 | in Section 101(a)(26) of the Immigration and Nationality | ||||||
15 | Act (8 U.S.C. 1101(a)(26))), except that this subsection | ||||||
16 | (i-5) does not apply to any noncitizen who has been | ||||||
17 | lawfully admitted to the United States under a | ||||||
18 | non-immigrant visa if that noncitizen is: | ||||||
19 | (1) admitted to the United States for lawful | ||||||
20 | hunting or sporting purposes; | ||||||
21 | (2) an official representative of a foreign | ||||||
22 | government who is: | ||||||
23 | (A) accredited to the United States Government | ||||||
24 | or the Government's mission to an international | ||||||
25 | organization having its headquarters in the United | ||||||
26 | States; or |
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1 | (B) en route to or from another country to | ||||||
2 | which that noncitizen is accredited; | ||||||
3 | (3) an official of a foreign government or | ||||||
4 | distinguished foreign visitor who has been so | ||||||
5 | designated by the Department of State; | ||||||
6 | (4) a foreign law enforcement officer of a | ||||||
7 | friendly foreign government entering the United States | ||||||
8 | on official business; or | ||||||
9 | (5) one who has received a waiver from the | ||||||
10 | Attorney General of the United States pursuant to 18 | ||||||
11 | U.S.C. 922(y)(3); | ||||||
12 | (j) (Blank); | ||||||
13 | (k) A person who has been convicted within the past 5 | ||||||
14 | years of battery, assault, aggravated assault, violation | ||||||
15 | of an order of protection, or a substantially similar | ||||||
16 | offense in another jurisdiction, in which a firearm was | ||||||
17 | used or possessed; | ||||||
18 | (l) A person who has been convicted of domestic | ||||||
19 | battery, aggravated domestic battery, or a substantially | ||||||
20 | similar offense in another jurisdiction committed before, | ||||||
21 | on or after January 1, 2012 (the effective date of Public | ||||||
22 | Act 97-158). If the applicant or person who has been | ||||||
23 | previously issued a Firearm Owner's Identification Card | ||||||
24 | under this Act knowingly and intelligently waives the | ||||||
25 | right to have an offense described in this paragraph (l) | ||||||
26 | tried by a jury, and by guilty plea or otherwise, results |
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1 | in a conviction for an offense in which a domestic | ||||||
2 | relationship is not a required element of the offense but | ||||||
3 | in which a determination of the applicability of 18 U.S.C. | ||||||
4 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
5 | Criminal Procedure of 1963, an entry by the court of a | ||||||
6 | judgment of conviction for that offense shall be grounds | ||||||
7 | for denying an application for and for revoking and | ||||||
8 | seizing a Firearm Owner's Identification Card previously | ||||||
9 | issued to the person under this Act; | ||||||
10 | (m) (Blank); | ||||||
11 | (n) A person who is prohibited from acquiring or | ||||||
12 | possessing firearms or firearm ammunition by any Illinois | ||||||
13 | State statute or by federal law; | ||||||
14 | (o) A minor subject to a petition filed under Section | ||||||
15 | 5-520 of the Juvenile Court Act of 1987 alleging that the | ||||||
16 | minor is a delinquent minor for the commission of an | ||||||
17 | offense that if committed by an adult would be a felony; | ||||||
18 | (p) An adult who had been adjudicated a delinquent | ||||||
19 | minor under the Juvenile Court Act of 1987 for the | ||||||
20 | commission of an offense that if committed by an adult | ||||||
21 | would be a felony; | ||||||
22 | (q) A person who is not a resident of the State of | ||||||
23 | Illinois, except for an Illinois resident in the United | ||||||
24 | States Military permanently assigned out of state or as | ||||||
25 | provided in subsection (a-10) of Section 4; | ||||||
26 | (r) A person who has been adjudicated as a person with |
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1 | a mental disability; | ||||||
2 | (s) A person who has been found to have a | ||||||
3 | developmental disability; | ||||||
4 | (t) A person involuntarily admitted into a mental | ||||||
5 | health facility; or | ||||||
6 | (u) A person who has had his or her Firearm Owner's | ||||||
7 | Identification Card revoked or denied under subsection (e) | ||||||
8 | of this Section or item (iv) of paragraph (2) of | ||||||
9 | subsection (a) of Section 4 of this Act because he or she | ||||||
10 | was a patient in a mental health facility as provided in | ||||||
11 | subsection (e) of this Section, shall not be permitted to | ||||||
12 | obtain a Firearm Owner's Identification Card, after the | ||||||
13 | 5-year period has lapsed, unless he or she has received a | ||||||
14 | mental health evaluation by a physician, clinical | ||||||
15 | psychologist, or qualified examiner as those terms are | ||||||
16 | defined in the Mental Health and Developmental | ||||||
17 | Disabilities Code, and has received a certification that | ||||||
18 | he or she is not a clear and present danger to himself, | ||||||
19 | herself, or others. The physician, clinical psychologist, | ||||||
20 | or qualified examiner making the certification and his or | ||||||
21 | her employer shall not be held criminally, civilly, or | ||||||
22 | professionally liable for making or not making the | ||||||
23 | certification required under this subsection, except for | ||||||
24 | willful or wanton misconduct. This subsection does not | ||||||
25 | apply to a person whose firearm possession rights have | ||||||
26 | been restored through administrative or judicial action |
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1 | under Section 10 or 11 of this Act. | ||||||
2 | Upon revocation of a person's Firearm Owner's | ||||||
3 | Identification Card, the Illinois State Police shall provide | ||||||
4 | notice to the person and the person shall comply with Section | ||||||
5 | 9.5 of this Act. | ||||||
6 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
7 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
8 | 5-27-22; 102-1116, eff. 1-10-23.)
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