98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0159

Introduced , by Rep. Edward J. Acevedo

SYNOPSIS AS INTRODUCED:
430 ILCS 65/8 from Ch. 38, par. 83-8
720 ILCS 5/24-4.1 new

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under the Act of a person who fails to report the loss or theft of a handgun a second time to the local law enforcement agency within 72 hours after obtaining knowledge of the second loss or theft. Amends the Criminal Code of 2012. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a handgun thereafter loses or misplaces the handgun, or if the handgun is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.
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. Grounds for denial and revocation.
8 (A) The Department of State Police has authority to deny an
9application for or to revoke and seize a Firearm Owner's
10Identification Card previously issued under this Act only if
11the Department finds that the applicant or the person to whom
12such card was issued is or was at the time of issuance:
13 (a) A person under 21 years of age who has been convicted
14of a misdemeanor other than a traffic offense or adjudged
15delinquent;
16 (b) A person under 21 years of age who does not have the
17written consent of his parent or guardian to acquire and
18possess firearms and firearm ammunition, or whose parent or
19guardian has revoked such written consent, or where such parent
20or guardian does not qualify to have a Firearm Owner's
21Identification Card;
22 (c) A person convicted of a felony under the laws of this
23or any other jurisdiction;

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1 (d) A person addicted to narcotics;
2 (e) A person who has been a patient of a mental institution
3within the past 5 years or has been adjudicated as a mental
4defective;
5 (f) A person whose mental condition is of such a nature
6that it poses a clear and present danger to the applicant, any
7other person or persons or the community;
8 For the purposes of this Section, "mental condition" means
9a state of mind manifested by violent, suicidal, threatening or
10assaultive behavior.
11 (g) A person who is intellectually disabled;
12 (h) A person who intentionally makes a false statement in
13the Firearm Owner's Identification Card application;
14 (i) An alien who is unlawfully present in the United States
15under the laws of the United States;
16 (i-5) An alien who has been admitted to the United States
17under a non-immigrant visa (as that term is defined in Section
18101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
191101(a)(26))), except that this subsection (i-5) does not apply
20to any alien who has been lawfully admitted to the United
21States under a non-immigrant visa if that alien is:
22 (1) admitted to the United States for lawful hunting or
23 sporting purposes;
24 (2) an official representative of a foreign government
25 who is:
26 (A) accredited to the United States Government or

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

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1in this paragraph (l) tried by a jury, and by guilty plea or
2otherwise, results in a conviction for an offense in which a
3domestic relationship is not a required element of the offense
4but in which a determination of the applicability of 18 U.S.C.
5922(g)(9) is made under Section 112A-11.1 of the Code of
6Criminal Procedure of 1963, an entry by the court of a judgment
7of conviction for that offense shall be grounds for denying an
8application for and for revoking and seizing a Firearm Owner's
9Identification Card previously issued to the person under this
10Act;
11 (m) (Blank);
12 (n) A person who is prohibited from acquiring or possessing
13firearms or firearm ammunition by any Illinois State statute or
14by federal law;
15 (o) A minor subject to a petition filed under Section 5-520
16of the Juvenile Court Act of 1987 alleging that the minor is a
17delinquent minor for the commission of an offense that if
18committed by an adult would be a felony;
19 (p) An adult who had been adjudicated a delinquent minor
20under the Juvenile Court Act of 1987 for the commission of an
21offense that if committed by an adult would be a felony; or
22 (q) A person who is not a resident of the State of
23Illinois, except as provided in subsection (a-10) of Section 4.
24 (B) The Department of State Police may revoke and seize a
25Firearm Owner's Identification Card previously issued under
26this Act of a person who fails to report the loss or theft of a

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1handgun a second time to the local law enforcement agency
2within 72 hours after obtaining knowledge of the second loss or
3theft.
4(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
5eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
6 Section 10. The Criminal Code of 2012 is amended by adding
7Section 24-4.1 as follows:
8 (720 ILCS 5/24-4.1 new)
9 Sec. 24-4.1. Report of lost or stolen handguns.
10 (a) If a person who possesses a valid Firearm Owner's
11Identification Card and who possesses or acquires a handgun
12thereafter loses or misplaces the handgun, or if the handgun is
13stolen from the person, the person must report the loss or
14theft to the local law enforcement agency within 72 hours after
15obtaining knowledge of the loss or theft.
16 (b) Sentence. A person who violates this Section is guilty
17of a petty offense for a first violation. A second or
18subsequent violation of this Section is a Class A misdemeanor.
19 Section 99. Effective date. This Act takes effect upon
20becoming law.