State of Illinois
2013 and 2014

Introduced , by Rep. Jack D. Franks

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

Amends the Firearm Owners Identification Card Act. Makes a technical change in the Section relating to grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card.
LRB098 02859 RLC 32870 b


HB0051LRB098 02859 RLC 32870 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 8 as follows:
6 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
7 Sec. 8. The The Department of State Police has authority to
8deny an application for or to revoke and seize a Firearm
9Owner's Identification Card previously issued under this Act
10only if the Department finds that the applicant or the person
11to whom such card was issued is or was at the time of issuance:
12 (a) A person under 21 years of age who has been convicted
13of a misdemeanor other than a traffic offense or adjudged
15 (b) A person under 21 years of age who does not have the
16written consent of his parent or guardian to acquire and
17possess firearms and firearm ammunition, or whose parent or
18guardian has revoked such written consent, or where such parent
19or guardian does not qualify to have a Firearm Owner's
20Identification Card;
21 (c) A person convicted of a felony under the laws of this
22or any other jurisdiction;
23 (d) A person addicted to narcotics;

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1 (e) A person who has been a patient of a mental institution
2within the past 5 years or has been adjudicated as a mental
4 (f) A person whose mental condition is of such a nature
5that it poses a clear and present danger to the applicant, any
6other person or persons or the community;
7 For the purposes of this Section, "mental condition" means
8a state of mind manifested by violent, suicidal, threatening or
9assaultive behavior.
10 (g) A person who is intellectually disabled;
11 (h) A person who intentionally makes a false statement in
12the Firearm Owner's Identification Card application;
13 (i) An alien who is unlawfully present in the United States
14under the laws of the United States;
15 (i-5) An alien who has been admitted to the United States
16under a non-immigrant visa (as that term is defined in Section
17101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
181101(a)(26))), except that this subsection (i-5) does not apply
19to any alien who has been lawfully admitted to the United
20States under a non-immigrant visa if that alien is:
21 (1) admitted to the United States for lawful hunting or
22 sporting purposes;
23 (2) an official representative of a foreign government
24 who is:
25 (A) accredited to the United States Government or
26 the Government's mission to an international

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1 organization having its headquarters in the United
2 States; or
3 (B) en route to or from another country to which
4 that alien is accredited;
5 (3) an official of a foreign government or
6 distinguished foreign visitor who has been so designated by
7 the Department of State;
8 (4) a foreign law enforcement officer of a friendly
9 foreign government entering the United States on official
10 business; or
11 (5) one who has received a waiver from the Attorney
12 General of the United States pursuant to 18 U.S.C.
13 922(y)(3);
14 (j) (Blank);
15 (k) A person who has been convicted within the past 5 years
16of battery, assault, aggravated assault, violation of an order
17of protection, or a substantially similar offense in another
18jurisdiction, in which a firearm was used or possessed;
19 (l) A person who has been convicted of domestic battery,
20aggravated domestic battery, or a substantially similar
21offense in another jurisdiction committed before, on or after
22January 1, 2012 (the effective date of Public Act 97-158). If
23the applicant or person who has been previously issued a
24Firearm Owner's Identification Card under this Act knowingly
25and intelligently waives the right to have an offense described
26in this paragraph (l) tried by a jury, and by guilty plea or

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1otherwise, results in a conviction for an offense in which a
2domestic relationship is not a required element of the offense
3but in which a determination of the applicability of 18 U.S.C.
4922(g)(9) is made under Section 112A-11.1 of the Code of
5Criminal Procedure of 1963, an entry by the court of a judgment
6of conviction for that offense shall be grounds for denying an
7application for and for revoking and seizing a Firearm Owner's
8Identification Card previously issued to the person under this
10 (m) (Blank);
11 (n) A person who is prohibited from acquiring or possessing
12firearms or firearm ammunition by any Illinois State statute or
13by federal law;
14 (o) A minor subject to a petition filed under Section 5-520
15of the Juvenile Court Act of 1987 alleging that the minor is a
16delinquent minor for the commission of an offense that if
17committed by an adult would be a felony;
18 (p) An adult who had been adjudicated a delinquent minor
19under the Juvenile Court Act of 1987 for the commission of an
20offense that if committed by an adult would be a felony; or
21 (q) A person who is not a resident of the State of
22Illinois, except as provided in subsection (a-10) of Section 4.
23(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
24eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)